A judge has declined to bow out of a case in which former Nairobi Town Clerk John Gakuo is challenging a three-year sentence over the Sh283 million cemetery land.
Anti-corruption and Economic Crimes Division judge John Onyiego said an application seeking a judge to disqualify him or herself should be based on real or proven bias, not on perception or hearsay.
Gakuo, Alexander Musanga, Sammy Kirui and Mary Ngethe were charged with various counts relating to corruption and were convicted and sentenced on May 15.
They moved to the High Court. The court in July this year denied them bail on grounds their appeals lacked merit. Their lawyers urged the court to recuse itself from hearing the matter.
They cited the court’s finding that the appeals had no overwhelming chances of success was a strong indicator it had formed an opinion to dismiss the appeals.
They then urged the court to disqualify itself and forward the file to CJ to appoint another judge to hear the appeals.
Yesterday, Onyiego said the court has neither been accused of any bias nor does it have any monetary interest in the matter.
“In the absence of bias or any interest in the matter, the grounds cited for recusal remains unproven and unsubstantiated hence the application is dismissed. The matter shall be fixed for hearing of the pending appeals on priority basis,” the judge said.
