But Miller argued in his request for a review for the dismissal order, that in a similar complaint by Mbarak against Justice Onyancha, Hatimy was allowed to testify and after the testimony the board found that Mbarak was not a credible witness.
“The board on review notes that the view that Mr Hatimy’s evidence would be heavily compromised was unfortunate as it indicates a mind that already believes the complainant and is not open to hear any alternative evidence,” stated the three member board.
The board on review also found that it was ‘a serious error in judgement’ for the panel to have quizzed the judge as to why some cheques sought to be paid to the complainant were dishonoured.
The board on review noted that there was no evidence of a dishonoured cheque before December 16, 2012 and that the instalment payment by cheque began to be made in April 2003, which is months after the judge had left the firm.
“It is our finding that the foregoing submissions have succeeded to show that the board’s determination touching on Loice Ayieko Ogweno was premised on fatal errors and/or mistakes,” read the decision of the Board on Review.
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