Kiambu senior principal magistrate Teresia Nyangena has declined to recuse herself from the manslaughter case against lawyer Assa Nyakundi.
In her four-page ruling read on her behalf by senior principal magistrate Stella Atambo, Nyangena declined to disqualify herself from the case, saying the matter was properly before her.
"This is founded upon the premise that the Director of Public Prosecutions having elected under its power to prefer the present charges before this court, I fail to be persuaded by the prosecution's contention that the court lacks jurisdiction. I am in agreement with the stand taken by counsel for the defence and the deceased's family," Nyangena said.
Deputy DPP Catherine Mwaniki had asked the trial magistrate to recuse herself from the case accusing her of bias and not recording the prosecution's application during the last proceedings.
Mwaniki complained that the court had so far favoured the defence by allowing their application for time to respond to the prosecution's application for discontinuation of the manslaughter case.
She said the court demonstrated open bias in declining the prosecution's reply to the application for more time by the defence.
Defence lawyers Danstan Omari, John Khaminwa and Cliff Ombeta opposed the application, saying it was brought in bad faith.
They accused Mwaniki of not respecting senior judicial officers by attacking the trial magistrate in public instead of going to her chambers to raise any issue concerning the case.
Omari told the court that Nyakundi's wife Lydia and her children want to reunite with Nyakundi, who was three weeks ago ordered not to go to his house.
Nyakundi has been charged with killing his lastborn son Joseph Bogonko on March 17 on their way from church in Nairobi county. He denied the charge and is out on cash bail of Sh300,000.
While declining to recuse herself from the case, Nyangena said the prosecution had ample time within which to notify all the concerned parties of their intention to enter a nolle prosequi.
"A further demonstration of bad faith on the part of the prosecution is when it unilaterally moved the court on May 2, 2019 indicating its intention to withdraw the charges, a fact which was deliberately withheld from the defense and the family of the deceased," the magistrate said.
