JSC Statement on Dismissal of Magistrate Isaac Karasi Orenge for Misconduct

Reference is made to the above matter arising from Hon. Isaac Karasi Orenge’s conduct in Milimani Commercial Suit CMCC No. 1111 of 2018 – Nilestar Holdings Ltd & Another v. Millennium Plastics (2008) Ltd & 3 Others.

The Judicial Service Commission at its meeting held on 30th July 2025, considered the disciplinary matter. Upon review of the charges, the written responses and submissions, and the oral and documentary evidence presented at the disciplinary hearing, the Commission found that a case of gross misconduct had been established and resolved to dismiss Hon. Orenge from judicial service.

Specifically, the Commission found that Hon. Orenge issued ex parte eviction orders against the Defendant/Respondent on 23rd February 2018, and later, on 12th March 2018, discharged the same on grounds that the court lacked jurisdiction. That by the time of discharge, the defendants had been evicted and the suit premises demolished pursuant to the ex parte orders.

The Commission decision is based on the following findings:

1. Issuance of final eviction orders at an interlocutory stage without first confirming that proper service had been effected on the Defendant/Respondent. This not only breached the principles of natural justice but also denied the affected party an opportunity to be heard. The ex parte nature of the orders, coupled with their finality, magnified the injustice caused.

2. Failure to critically evaluate the Affidavit of Service, which indicated that the pleadings had been served upon individuals described as directors of the 4th Defendant. However, the 4th Defendant was not a legal entity capable of having directors, being an unincorporated trading name. This ought to have prompted greater scrutiny by Hon. Orenge before granting substantive orders with irreversible consequences.

3. Entertaining the application dated 20th February 2018 despite clear indications that the subject property was situated in Nairobi’s Central Business District beyond Hon. Orenge’s pecuniary jurisdiction and moreover, the dispute was one that fell within the jurisdiction of the Business Premises Rent Tribunal as it related to orders for eviction due to non-payment of rent.

4. As per the forensic expert’s evidence, the signature on the affidavit of service dated 23rd February 2018 and the order dated 13th March 2018 were made by the same hand making an inference that the said documents were signed by Hon. Orenge.

This is to convey to you the above decision of the Commission.

Yours faithfully

Hon. Winfridah B. Mokaya, CBS Secretary JUDICIAL SERVICE COMMISSION

Copy to: The Chairperson Judicial Service Commission NAIROBI