Busia Lawyers Threaten to Abscond From Courts, Demand Chief Magistrate’s Transfer
- Speaking to TUKO.co.ke, Busia lawyers explained why they withdrew services from Court No. 1 and emphasised the urgent need for the chief magistrate’s transfer
- Represented by the chapter chairperson, they detailed the origin of the conflict between the chief magistrate and local advocates
- The Law Society of Kenya also announced the specific dates they plan to abstain from Court No. 1 and all other courts in Busia county
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Nancy Odindo, a TUKO.co.ke journalist, has over four years of experience covering Kenyan politics, news, and features for digital and print media.
The Law Society of Kenya (LSK), Busia Chapter, has taken a strong stance against Chief Magistrate Edna Nyaloti, announcing the withdrawal of legal services from Court No. 1.
Source: Original
The decision comes after Nyaloti reportedly raised concerns about threats to her life, claims that the society described as "unfounded and damaging to the reputation of local advocates."
Why are Busia advocates, Nyaloti in conflict?
The controversy centres around SOA Case No. 117B/2023, a defilement case that was transferred from Busia Law Courts to Kakamega Law Courts in 2023 and concluded on November 10, 2024, with the accused acquitted.
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The advocates pointed out that Nyaloti only presided over the plea and never delivered a ruling in the case.
"How then could the accused, who was acquitted last year, or his advocate, pose a threat to a magistrate who only presided over the plea in 2023 but never delivered a ruling on the same matter?" they posed.
Following the incident, Nabulindo K. N. Dolan, chairperson of LSK Busia Chapter, said the society noted a professional dispute in 2023 when Advocate Moses Ouma requested Nyaloti’s recusal over a perceived conflict of interest during plea-taking, a matter later resolved during a Bar-Bench meeting.
However, Nyaloti reportedly went on to allege that Ouma threatened her by opening an office near her residence in Milimani, Busia Town, and claimed that her official court seal was recovered from a law firm by the DCI.
The LSK Busia Chapter disputed both allegations, highlighting that Ouma legally occupies his office two houses away from the magistrate’s home, alongside other tenants, and that no official communication has been received regarding the court seal.
"She strategically withheld the name of the firm and details of the incident. For an official court seal to be stolen, internal court compromise must be involved. To date, no arrests have been made, no persons arraigned in court, and the LSK Busia Chapter has not received official communication from her on the matter," he told TUKO.co.ke.
The chapter stated, 'such grave allegations erode public trust and unfairly cast aspersions on the noble legal profession.'
They stressed that investigative agencies should handle any potential threats without prejudicing the reputation of lawyers.
When will Busia advocates withdraw their services?
The Busia-based advocates resolved to withdraw legal services from Court No. 1 until Nyaloti is transferred to another station.
"The Law Society of Kenya, Busia Chapter, acknowledges the right to life as enshrined in our Constitution, a right we all cherish and defend. Equally, we are concerned with the safety of the Chief Magistrate, and urgent intervention is necessary," they stated.
Source: Original
"Effective today, August 18, 2025, all advocates within this jurisdiction shall withdraw legal services and shall not attend court sessions before Busia Law Court No. 1, presided over by Nyaloti, until she is transferred to another station," he stated.
A petition has also been submitted to Chief Justice Martha Koome, seeking her immediate reassignment to ensure the safety of the magistrate and restore confidence in the administration of justice.
The society further warned that if the transfer is not effected within 21 days, legal services will be suspended across all courts in Busia county, including Malaba Law Courts and Port Victoria Law Courts.
“The measures we have adopted are necessary to protect the magistrate and ensure the justice system functions without undue influence or fear,” said Nabulindo.
Are there fake lawyers in Bungoma?
In other news, TUKO.co.ke reported that five people were arrested in Bungoma for allegedly posing as lawyers, in a crackdown led by LSK council member Steve Mbugua.
Investigations revealed the fake law firms operated for several years, with suspects appearing in court, including virtual sessions.
Searches of four offices recovered documents, including title deeds and pending case files, indicating extensive illegal practice.
The LSK emphasised its commitment to removing impostors and protecting public interests under the LSK Act, safeguarding the legal profession’s integrity.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
