High Court judge Joseph Onguto collapses and dies in Nairobi

High Court judge Joseph Onguto is dead.

According to the Kenya Magistrates and Judges Association (KMJA) boss, Derrick Kuto, Justice Onguto collapsed on Thursday evening at Parklands Sports Club and was confirmed dead upon arrival at a Nairobi hospital.

Justice Onguto was appointed as a High Court judge in July 2014.

He served in the constitution division before he was taken to commercial division.

On Wednesday, February 28, 2018 he was in court where he upheld the election of Embakasi Central MP Mwangi Benjamin Gathiru.

Justice Onguto ruled that the petitioner, Hezron Omondi, failed to prove claims of irregularities and illegalities, forgery among others.

During the petition, Onguto advised fellow judges not to award costs which are punitive.

“Court has the powers and duty to ensure that costs are proportionate in all circumstances and do not unduly deter access to justice in all appropriate cases. Ideally, when considering amount of cost payable one ought to be considerate and concerned not to make any order of costs which has its proportionate consequences on any unsuccessful petitioner,” said Onguto

“… In my view, access to justice may be blocked to ordinary voters who are allowed to file petitions and an award of cost is not be meant to deter but encourage the genuine challengers to the exercise of elections,” advised Onguto.

In the said petition, respondents had asked for a total of 13 million shillings.

The judge however directed that the petitioner pays costs not exceeding 3 million shillings.