A Hague based lawyer has accused a local judge of being biased while making a ruling
Thomas Bifwoli has accused Justice Stephen Kibunja of bias when he awarded a Eldoret based lawyer and businessman William Ndinya Omollo costs for filing what he termed as forged and false documents in court.
In an application filed at the court of appeal seeking to stay execution of Justice Kibunja’s judgement, Mr Bifwoli states that Justice Kibunja awarded William Ndinya Omollo costs for filing papers which are patently false and forgeries on their face and without first determining their obvious lack of authenticity.
Bifwoli has also raised the complaint to JSC and the matter is pending there.
“For instance the Transfer of lease that was allegedly used to transfer the disputed property to William Ndinya Omollo is not signed by the Land Registrar,” he said.
Bifwori said that Mr Omollo did not obtain a statutory and mandatory consent raising further questions as to how he obtained his lease without such crucial and critical documents.
Bifwoli further argues that Onesmas Odari, who allegedly transferred the disputed land to Mr Omollo did not have a valid certificate of lease to transfer to Mr Omollo.
“For instance the Transfer that is alleged to have been used to transfer the said lease to Odari is not signed by both the buyer and seller, is not stamped and is not supported by the white card and Green card amongst others,” he said
He added that Odari did not pay the statutory and mandatory land rates and rent prior to obtaining his alleged certificate of lease raising further questions as to the authenticity of Mr Omollo’s lease.
“In spite of knowing that the said documents are forgeries, Justice Kibunja proceeded to award Mr Omollo costs for filing the said forged documents without first determining their obvious lack of authenticity,” he added.
Bifwoli submits that the authenticity of the aforesaid documents are questionable and are patent forgeries aimed at dispossessing him of his property is at the heart of the main suit (Kisumu ELC 144 of 2012).
He added that penalizing him with costs in an intermediate or interlocutory litigation rather than reserving costs to follow the main suit is punitive and a clear reflection of bias in favour of Mr Omollo by Justice Kibunja.
In his papers before the court Mr Bifwoli argues that pursuant to section 47 of the Evidence Act, a Judgement obtained by practising fraud upon the court is illegal, null and void and incapable of being executed and therefore execution proceedings should be stayed pending the hearing and determination of his application and appeal.
Bifwoli also argues that he is being punished to pay illegal costs by the Judge for protesting and complaining to the Judicial Service Commission that Justice Kibunja is biased in favour of Mr Omollo through his petition dated 25 September 2018.
The matter will be herd at the Kisumu court of appeal on Monday17 June 2018.