Justice Mumbi Ngugi has recused herself from a case in which Nairobi Governor Mike Sonko is challenging orders barring him from accessing his office.
Sonko had sought the recusal of Mumbi and colleagues John Onyiego and Ngenye Macharia, claiming that they are biased.
“All the cited judges in the division by their stated pronouncements and conduct have created in my mind the irresistible impression that they have taken the position of and in defence of the state organs so far as the scope of section 62 is concerned,” he says.
In a ruling against Samburu Governor Moses Lenolkulal, Justice Ngugi observed that Section 62(6) of the Anti-Corruption and Economic Crimes Act, apart from obscuring, helps destroy the "political hygiene" as it was contrary to the provisions of the constitutional requirement of integrity in governance, and against the national values as well as principles of leadership and integrity.
She said that allowing persons facing criminal charges to public offices entrenched corruption and impunity.
The judge yesterday said it would be impossible for her to hear Sonko's matter as he has already accused her of bias.
“l have heard the submission that seeks recusal of three judges. Should l hear the application it begs the question if the court can adjudicate the matters involving the other two judges. I find the same is not possible and l hereby recuse myself from hearing this case,” she said.
She directed the parties to appear before the principal judge for directions on the application dated December 17 on January 29.
Sonko says he has nothing personal against any of the three judges and that he is neither seeking any specific forum to adjudicate on his case.
The governor was last year charged with corruption and later barred from accessing office pending the determination of the Sh381 million graft case.
Barring him from office was one of the conditions the court set after Sonko denied charges of economic crimes, money laundering, abuse of office and unlawful acquisition of public property.
The requirement for governors facing criminal charges to keep away from their offices started when Justice Ngugi upheld the decision of a magistrate's court barring Lenolkulal from accessing his office.
