Msagha Mbogholi Biography
Msagha Mbogholi (Amraphael Mbogholi Msagha) was born in 1953 in Taita Taveta county. He is the Principal Judge of the High Court he was appointed as the chairman of the Judiciary committee on Elections, JCE on November 2016.
Msagha Mbogholi Education Background
Justice Mbogholi attended the University of Dar es Salaam in Tanzania, where he earned a bachelors of law degree in 1976.
Msagha Mbogholi Career
November 2016: He was appointed as the chairman of the Judiciary committee on elections, JCE.
He is currently the presiding judge in the Land and Environmental Law division and the chairman of the board of trustees of The Judicial Service Staff Pension Scheme.
On October 3, 2010, Justice Msagha Mbogholi was elected by the judges of the High Court to the position of principal judge to head the High Court.Justice Mbogholi Msagha – Biography, High Court Judge, Wife, Family, Wealth, Bio, Profile, Education, Children, Son, Daughter, Age, Career, Chief Justice, Supreme Court, Video, Photo
On October 8, 2010, he was elected by the judges of the High Court to the position of principal judge, a post created by the new Constitution. The principal judge is the head of the High Court.
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1978: He was admitted as an advocate and went into private practice in Mombasa.
1987: He was appointed as a Judgeof the High Court (at the young age of 34)
Msagha Mbogholi served as member of the Rent Restriction Tribunal and of the Municipality of Mombasa Valuation Court.
Outside of his judicial work, Justice Msagha Mbogholi chaired the Commission of Inquiry into the Mtongwe Ferry disaster in 1994. This was Kenya’s largest marine accident in which 257 passengers aboard the MV Mtongwe drowned after it had capsized.
However, Justice Msagha Mbogholi career as a judge suffered a body blow when he was named in the list of judges and magistrates that, in the view of the Ringera committee, had been involved in corruption and who would be required to resign as part of the purge on the Judiciary that was instituted by the Narc government.
Justice Mbogholi Msagha landmark Judgements
In December 2000, Justice Msagha Mbogholi presided over a bench of the High Court in the Gachiengo case, which led to the disbandment of the Kenya Anti-Corruption Authority (KACA). The other judges on the bench were Kassanga Mulwa and J K Mitey.
In 1997 Justice Msagha Mbogholi presided over the case of the application by Mr Mwai Kibaki who had challenged the election of then president Moi in 1997, to call Mr Moi to be examined as a witness regarding the service of the election petition papers. The court declined the request to call Mr Moi for cross examination, saying that no proper basis had been made for the application.
Another case was the decision, in the late 1980s, by Kenya Airways, at the time running massive financial losses, to cut down its costs by reducing staff led to one of the biggest cases on the rights of workers. Justice Msagha Mbogholi decided the case in the High Court.
At the time, Kenya Airways had 4,000 employees, and its losses were attributable to the large wage bill. A decision was made to lay off 1,800 workers by 1990, as part of the austerity measures to bring the airline to profitability.
More than 900 of these workers filed suit in the High Court, challenging the decision to declare them redundant. Their challenge was that the redundancy had been done outside of the law governing employment. They sought more than Ksh. 2.5 billion as compensation for loss of service, severance pay, and pay in lieu of notice.
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After a long trial, characterised by procedural bottlenecks, the suit was heard by Justice Msagha, who found in his judgment that the “redundancy was not only misplaced but illegal”.
He was married to Lilian Zighe Mbogholi who passed on on 2nd May 2016.
Msagha Mbogholi Photo