Nyeri Senior Resident Magistrate Mercyline Nafula Lubia has protested her removal from the Kenya Magistrates and Judges Association (KMJA) WhatsApp group, alleging that the move was intended to sideline her from ongoing campaigns for the position of Magistrates’ Representative to the Judicial Service Commission (JSC).
In a statement, Nafula said her removal was abrupt and aimed at suppressing differing opinions within the association.
“Yesterday, I was unceremoniously removed from a space where I’ve consistently contributed with integrity and respect. The removal was not just abrupt; it was a demonstration of intolerance toward constitutional dialogue and principled dissent. It was also a calculated attempt to weaken Hon. Stella Atambo’s campaign. But we are not shaken,” she said.
Nafula further claimed that the association had failed to maintain neutrality and moderate inappropriate remarks allegedly made within the group.
“KMJA has shown open bias. From ignoring constitutional violations to failing to moderate insults on its wall, where we’ve been called pigs, hoodlums, colonized, lazy, and other unpalatable words I will not repeat here, there have been no consequences for the offenders,” she added.
However, KMJA Treasurer Zachary Kiongo Kagenyo dismissed Nafula’s allegations, saying her removal was due to comments she allegedly made that were considered disrespectful to judges, and not related to the ongoing JSC campaigns.
“The Member made comments that are disrespectful to judges. The decision had nothing to do with the ongoing campaigns,” Kagenyo said.
Kagenyo, who serves at the Milimani Small Claims Court, insisted that the removal was purely disciplinary.
“This is malice, misleading, and self-preservation at play. Please ask the member to, in equal measure, forward to you the unaltered messages she sent to the judges unprovoked. Ask her to give you the phone to see the chats as an investigative journalist, and you shall make your own verdict,” he added.
In her statement, Nafula maintained that her remarks were not personal but were intended to defend the independence of the election process for the Magistrates’ JSC representative.
“My challenge to the judge was not personal but a principled call for judges to stop allegedly interfering with the election of the Magistrates’ JSC Representative.
"The process must remain fair and independent. Leadership is not always about comfort; it is about courage, conviction, and the willingness to stand firm even when the ground shifts beneath you. While the manner of my exit may raise questions, I remain committed to the ideals we stand for, and to Hon. Stella Atambo,” she stated.
Atambo, the Chief Magistrate at Thika Law Courts, is seeking to unseat Evalyne Olwande, who is running for re-election after completing her five-year term.
The two are expected to face off again, having contested in the previous election where Olwande won.
The election, conducted by the Kenya Magistrates and Judges Association (KMJA) pursuant to Article 171(2)(d) of the Constitution, allows only magistrates to vote.
The Magistrates’ Representative to the JSC plays a key role in overseeing the welfare, discipline, and professional development of magistrates and other judicial officers, as well as contributing to the broader oversight of the judiciary.
In September last year, Justice Anthony Mrima was elected to the JSC to replace Justice David Majanja, who passed away two months earlier.
