BY SAM ALFAN.
The Judicial Service Commission has received a letter prompting its action against a Nairobi Deputy Chief Kadhi accused of gross misconduct.
JSC is the singular body mandated by the constitution to review judges behavior including those of the apex court and other courts recognised in the constitution.
An advocate filed a complaint against Nairobi Deputy Chief Kadhi Rashid Omar .
Mr Hassan Madowo Said in a letter to the JSC accuses the Kadhi of incompetency and misconduct.
The row arises from a succession case.
Clients represented by Mr Hassan deposited title deeds of several properties for safe keeping and were to be kept on a stakeholder basis in pursuance of distribution of the estate in a accordance to a judgement delivered on January 15 2018.
In March, the Kadhi summoned the beneficiaries of the estate of the late Abnoor Sharrif Mohammed who were accompanied by an advocate to appear before him to confirm if indeed the original documents were in their possession.
He thereafter summoned the law firm of Mr Hassan to appear before him on May 9 2018 and details of the summon were sent to the law firm which was to authenticate the original title documents.
On May 9, the documents were presented to him but the Kadhi demanded the original titles saying they should be kept with him pending the distribution of the properties.
“Upon being informed that we did not have any instructions to supply the original titles as we were holding them in trust to a professional undertaking we took on behalf of the client, he unlawfully refused to let the associate leave the court chambers,” the letter says.
DCK Omar was informed there was no longer a dispute between the two families and titles were handed over to the law firm with the consent of two parties concerned who appeared together at Noor firm.
The DCK then disclosed that he delivered a judgment on January 15 2018 requiring all original title documents be deposited with him.
“It is worthy to note that on the 15 of March 2018, the court directed that the titles be brought before it for scrutiny and purpose of allowing the court to authentic the same,” the letter noted.
That is when the Kadhi directed that the advocate would not leave the Chambers with those original titles and went ahead to direct his court clerk to summon the court bailiff to arrest the counsel.
They sought direction as to the manner they would get back the original title documents but the Kadhi informed the lawyer that one of the orders of the judgement was that the original title to be deposited in court for onward transmission to the respective beneficiaries.
Mr Hassan law firm disputes this order as it was not captured in the said judgment the Kadhi alludes to.
The advocate also claim the DCK also asked whether the advocate were paid their fee which they claim the Kadhi lacks such jurisdiction.
Giving the original title deeds, the advocate says exposes them to their clients who may decide to forfeit their agreement.
The Kadhi also kicked the counsel out of the Chambers in the most vile, abusive and hostile manner.
Further DCK Omar barred the law firm from practicing in the Kadhi court infringing their clients rights.
The matter is coming up tomorrow for mention before DCK.
