Judge Grace Nzioka has recused herself from a case in which CS Raphael Tuju is challenging a decision by a London court allowing a bank to recover over Sh1.5 billion from his company.
The judge said she is unable to proceed with the case and directed that the matter be mentioned before the presiding judge of the Commercial Division for necessary action.
“I am taking liberty to recuse myself from hearing this matter without being moved by any party. Let's release ourselves from the shackles of which court or which judge is hearing this case, any other judge should be at liberty to hear it,” she said.
The substance of the matter, Nzioka said, is more important than the judge.
Last month, Tuju made an application to have the judge recuse herself from the case.
He claimed that Nzioka had been favourable to the East African Development Bank, an act he said was causing damage to his company, Dari Limited.
Tuju argued he would not get a fair hearing. "The informal manner in which the judge has conducted this matter shows she is biased against me and the directors of Dari. This will deny us a fair trial," he said.
The Sh1.5 billion loan was issued to Tuju by EADB.
Court documents say the loan was meant for the construction of a Sh100 million two-storey, flat-roofed bungalows and the purchase of a nine-year-old bungalow built by a Scottish missionary, Dr Albert Patterson. The bungalow currently operates as a high-end restaurant.
Edited by A.N
