• Mumbi withdraws from case as companies request but denies there is any confict and says those seeking her recusal on "baseless grounds" are out to subvert justice.
• The file will be placed before principal judge Lydia Achode.
Image: PHILIP KAMAKYA
High Court judge Mumbi Ngugi on Friday recused herself from a case in which two companies charged alongside Nairobi Governor Mike Sonko for alleged graft are challenging their prosecution.
The allegations involve misuse of Sh365 million.
Hardi Enterprises Ltd and Toddy Civil Engineering Company and directors Hardi Enterprises Ltd and Toddy Civil Engineering Company wanted Mumbi to disqualify herself from hearing the case.
They say she should withdraw because it's related to a similar case filed by Sonko in which she recused herself. They argued Mumbi was conflicted and could not fairly decide the matter.
The companies said their petition and that of Sonko deal with the regularity of a tender for hiring equipment and the constitutionality of search warrants against them.
It’s for those reasons the companies and their directors wanted Mumbi out. They want the case handled by the same judge handling Sonko's case.
Mumbi, though recusing herself, ruled on Friday the parties seeking her recusal "on baseless grounds" have no real interest in justice but are out to determine the course of justice.
“Accordingly, even though I find no basis to recuse myself, I believe the administration of justice is better served if I do not deal with this matter. I therefore direct it should be placed before the Principal Judge for directions with respect to hearing and determination,” she said.
The matter will be placed before principal judge Lydia Achode.
In the case, the Ethics and Anti-corruption Commission says it has established that Hardi illegally received payment from Nairobi city county in respect to tender for hire of heavy equipment and vehicles between 2018 and 2019.
The commission obtained search warrants to investigate the bank accounts of Hardi and Toddy. Bank statements revealed that on diverse dates, Hardi Enterprises received Sh357 million from the county and transferred Sh55.8 million to a bank account belonging to Toddy Company, the EACC said.
The commission also said the statements reveal that on December 17, Toddy Civil Limited transferred Sh3 million to the bank account of Mike Sonko at Equity Bank.
The commission argues that Hardi did not meet the requirement for consideration for the award of the tender as it did not submit the VAT certificate as part of the mandatory list of documents to submit for one to be an eligible bidder.
“The unhealthy relationship between the two companies and Sonko influenced the tendering process and the award of the tender to Hardi,” the EACC papers read.
(Edited by V. Graham)