Lobby seeks to block Lessit from concluding Willy Kimani case

A lobby has challenged the decision by Chief Justice Martha Koome to allow Justice Jessie Lessit to hear the IJM Lawyer Willie Kimani’s murder case.

In a letter to the Chief Justice, Sheria Mtaani and Shadrack Wambui have asked the CJ to withdraw her directions to Lessit, arguing that its illegal and against the law.

“This is because the court does not have the jurisdiction to deal with High Court matters following its elevation to the Court of Appeal,” the letter states

According to the letter that has been received by the CJ’s office, there are hundreds of litigants that were affected by the swearing in of judges to the Court of Appeal but only Justice Lessit has been allowed to conclude her matters.

They argue that its discriminatory for Judge Lessit to conclude her matters when there is no communication that the other judges are also concluding their matters.

“Could it be that my Lady has information that the other Honourable Justices concluded the matters that they were handling before their elevation to the Court of Appeal?” the letter posed.

The lobby wants an explanation from Koome on why she directed Justice Lessit to conclude her matters even though she has already been sworn in as a Court of Appeal judge.

The other High Court Judges sworn in as Court of Appeal judges are Justices Msagha Mbogholi, Hellen Omondi, Mumbi Ngugi, Francis Tuiyott and Pauline Nyamweya.

Shadrack Wambui further says that its discriminatory for Judge Lessit to hear and conclude her matters when in the past once a judge is elevated he or she abandons the High Court matters.

“It is therefore baffling and surprising to the public that my Lady has proceeded to treat differently consumers of justice that are the same and equal without offering the country an explanation,” the letter reads.

Wambui says there are several court decisions that have ruled on the issue of jurisdiction in relation to the matter.

He further states that one can easily predict that the outcome of the pending trials that she directed Justice Lessit to handle will be challenged and her findings disturbed by the Court of Appeal where she is expected to assume duties.

"Further and unless my Lady withdraws her directions to the Justice Lessit, we undertake to take the appropriate legal action available in the circumstances in order to quash and invalidate the impugned decision,” the letter reads.