The lawyers of the 14 accused Samburu county workers accused him of bias based on an article that appeared in the Star newspaper yesterday. He expressed strong sentiment against corruption, equating it to murder.
Through his lawyer Paul Nyamodi, the governor made an application asking Ogoti to step aside as the interview showed that he had pre-determined the case.
In his application, Nyamodi submitted that Ogoti is unfit to dispense justice as his opinions in the article have already convicted the accused.
“The interview was a pre-judgment of the case and showed bias. In law, the symbol of justice of lady holding a balance on both hands with a blindfold has a meaning," he said.
Nyamodi said the article titled "Corruption is as bad as murder", directly points an accusing finger at his client.
“It makes it untenable for the magistrate to preside over any part of this trial,” he said. “With personal views of this nature, the accused feel it holds you unfit to give justice”.
Nyamodi said the magistrate’s sentiments carry more weight even as an individual.
“Justice must not only be done but also be seen to be done and the courts presume on the belief that the accused is innocent until proven guilty,” he said.
The public prosecution opposed the application, saying it is aimed at getting back at the magistrate to express displeasure in his bail ruling
“Corruption fights back. It spares no one in the justice chain against accusations. The court should not succumb to such mechanisations,” ODPP lawyer Alexander Muteti.
