Two people accused of murdering the Kiru Boys' principal have filed a notice of motion for Justice Joel Ngugi to disqualify himself from the case.
Jane Muthoni, who is the , and Isaac Ng'ang'a filed the application at Kiambu High Court through their lawyer Francis Njanja.
They argued on Tuesday that the court was unfair and partial in relying on the confession of Joseph Kariuki alias Karis.
Kariuki confessed to killing Solomon Mwangi with the help of the two accused persons and had his charge reduced to manslaughter.
The matter was determined by Justice Ngugi.
Muthoni and Ng'ang'a pray in their application that the court refers the case for trial at the Milimani High court.
The two based their application on grounds that they have also been denied bail, adding the tone and wording of the ruling showed prejudice.
The application further states they don't trust the trial court will be fair to them no matter how strong the defence is.
Muthoni states in her affidavit that she wants to demonstrate her utter innocence but the fabrication of the facts does not guarantee her a fair trial.
Ng'ang'a argues that the court took a position after determining Kariuki's case and the state hired witnesses to fabricate a case against him.
This came even as state lawyer Kihanga Mwangi, acting for Ng'ang'a, withdrew from representing him.
He failed to give compelling reasons to court as to why he has made the move and did not attend the Tuesday hearing.
Prosecutor Catherine Mwaniki and lawyer Wokabi Mathenge opposed the application for lawyer Kihanga to remove himself from the case.
She also called on the court to grant them seven days for them to reply to the applications as they were not handed to them in good time.
"The lawyer should come to court to explain the circumstances that led to his withdrawal from the case since he was appointed by the court," said Mwaniki.
Muthoni's lawyer Francis Njanja told the court it was the Kihanga's wish to withdraw from the case.
He will be representing Nganga in the case going forward.
Judge Ngugi ordered Kihanga to present himself to court and explain circumstances under which he withdrew from the case.
The hearing will continue on October 22.