NAIROBI, Kenya, Mar 14 – West Mugirango Member of Parliament Stephen Mogaka is now seeking the intervention of the Judicial Service Commission (JSC) following two conflicting orders issued regarding the withdrawal of Nyamira county funds.
Mogaka has raised issues on the contentious legal battle over control of the county’s financial resources. A case was reportedly filed at the Milimani High Court in Nairobi, seeking to preserve county assembly funds to prevent alleged looting.
The court issued a conservatory order barring the withdrawal of the funds held at the Central Bank of Kenya (CBK).
However, Mogaka alleges that Nyamira High Court judge Justice Wilfrida Okwany, issued a conflicting order from the High Court in Nyamira, effectively allowing access to the disputed funds.
He further claimed that this ruling was made despite the Nyamira High Court’s lack of jurisdiction over a case involving the CBK, which can only be sued in Nairobi.
“The Milimani court issued a valid order, yet a judge in Nyamira, with no jurisdiction, decided to override it. This is an open abuse of judicial authority,” Mogaka said.
Mogaka has called for immediate intervention by JSC, citing a petition filed on February 10, 2025, seeking Justice Okwany’s removal from office.
He alleges that the judge is no longer serving the interests of justice but has instead become part of a “criminal enterprise” that is facilitating financial mismanagement in Nyamira.
“I condemn in the strongest terms possible what this judge has done. If this is the kind of judiciary we are expected to depend on, then Kenyans are in serious trouble,” Mogaka asserted.
The controversy revolves around the alleged misappropriation of county funds, a disputed budget approval, and conflicting court orders that have raised serious concerns.
The West Mugirango MP has accused certain political figures in Nyamira of orchestrating an illegal takeover of the county assembly, enabling the unauthorized passage of a Sh7 billion budget.
According to the legislator, this budget was approved by less than eight county assembly members out of more than 30 elected representatives, raising concerns over the legality of the financial allocation and its intended use.
“The assembly has been taken over by nominees of certain parties, and they are engaging in a looting spree. The purported budget is nothing more than an avenue to divert public funds,” Mogaka stated.
