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Judge Bosire Causes a Stir At Courts

Appellate judge Samuel Bosire yesterday caused a stir at the Kisii law courts when he arrived to protest at the delay of a case involving his relative.

Mr Justice Bosire's arrival at 11am forced resident Judge Kaburu Bauni to halt proceedings at the High Court and attend to him.The two judges held consultations at the Judge's chambers where they asked for the file in which Mr Justice Bosire had an interest.

Mr Justice Bosire, currently heading the Goldenberg Commission of Inquiry, wanted an explanation concerning the delay in an inquest into the death of his nephew, Hezron Okilo Ogari, on June 23, 2001 in Kisii Town.

Mr Simeon Mokaya, a brother to the deceased, who was present at the brief meeting between the two judges, said Mr Justice Bosire protested at what he termed slow pace at which the case was being handled.

"He asked why the case under an inquest had dragged on for three years without being concluded," said Mr Mokaya.

The case came up last Friday but was not heard. It was instead adjourned to April 22, 2005 by senior resident magistrate Arthur Ingutia.

Mr Mokaya said that his brother was found dead and his body hanging inside a store belonging to his employer.

The body, with a gaping wound on the head, was taken to a mortuary before relatives were alerted.

"He was taken to mortuary by his employers before we were informed. At the mortuary, the body was dressed in new clothes, making us suspect foul play. Since then, nobody has been charged with his murder," said Mr Mokaya.A son of the late Ogari's employer was briefly arrested but freed after the Government ordered an inquest.Mr Mokaya said the family "smelt a rat" after the last adjournment and sought Mr Justice Bosire's intervention.

He went on: "He (Bosire) has asked them (Judge and magistrate) to list the case for January and have it concluded as soon as possible".

A court official who asked not to be named confirmed Mr Justice Bosire's displeasure and the January date.Mr Justice Bosire, who was accompanied by his wife, drove himself out of the court compound after parting with some money for a group of prisoners who had cleaned his official car as he consulted Mr Justice Bauni.

Mr Justice Bosire's personal intervention to have a matter lends credence to public outcry over the slow pace at which cases were being concluded.

Lawyers practising in the region have just ended their three-week boycott of the Kisii courts protesting the inadequate number of magistrates. The strike ended last Friday with the lawyers giving the Chief Justice until mid January to post more judiciary staff to the station or face more protests.

Speaking on behalf of his fellow advocates, Mr Sonya Ondari said the available magistrates were unable to handle the huge number of cases at the station and demanded that at least five more magistrates be added.