• Sonko in an affidavit made several complaints regarding the manner in which the court proceeded with the witnesses under protection among other things.
• Ogoti also ruled that the case must proceed during the next hearing notwithstanding representation.
Anti-corruption Chief Magistrate Douglas Ogoti has declined to recuse himself from the Sh10 million graft case facing former Nairobi Governor Mike Sonko and his co-accused. Ogoti on Thursday dismissed issues of bias as raised by Sonko.
Anti-corruption Chief Magistrate Douglas Ogoti has declined to recuse himself from the Sh10 million facing former Nairobi Governor Mike Sonko and his co-accused.
Ogoti on Thursday dismissed issues of bias as raised by Sonko.
However, Ogoti said no evidence of personal bias has been demonstrated against the court.
He also said there was no evidence that other factors had influenced earlier decisions he has made in the case.
Ogoti also said there was no evidence that the pronouncement of this court in other earlier rulings, in this case, are of extrajudicial influence.
Ogoti said Sonko must demonstrate personal grounds or extrajudicial grounds for the court to recuse itself.
"I do find no proof of bias. Sonko's application has no merit and is dismissed," he ruled.
Ogoti also ruled that the case must proceed during the next hearing notwithstanding representation.
"The accused was given time and identified new counsels. This court tried it's best to have the case proceed but in vain," he said.
Image: MERCY MUMO
"It's no one's wish that they be sick. The doctor who examined Sonko when he was sick was not helpful enough in indicating to the court that Sonko is not able to attend court having attended sessions for the last one year without fail."
The report as read out by Ogoti regarding Sonko's mental state examination indicated that the "patient showed no abnormal mannerism. He was calm, with no restlessness and his speech was normal in volume. His thoughts were logical and coherent."
This report, Ogoti said does not indicate that Snko is unable to attend proceedings.
"The report is self-explanatory. There is more than one accused in this case and constitutional rights protect all accused persons," Ogoti said.
The magistrate said the court should not allow the violation of rights of other accused persons in the trial.
"Let the accused take charge of his case and brief his counsels sufficiently enough to come and proceed in the next hearing. He should ensure he has all disclosed documents in his position," he ruled.
He said no advocate or accused will be heard on adjournment for lack of sufficient instructions.
"If the counsel appearing is not ready, the accused is warned to be ready and proceed with the case," he added.
The hearing of the case is set to proceed from March 15.
The prosecution in January sought to have the court grant them permission to supply Sonko and his co-accused with additional documents in the case.
They also sought to be allowed to add one more witness in the case.
The prosecution argued that the duty to disclose information in the case is continuous and evidence intended to be disclosed was not there at the time of charging accused persons.
The DPP said the documents are crucial in aiding the court to make a fair decision.
The defence did not respond to that application which Ogoti on Thursday allowed.
They are now required to assure the documents by close of business Thursday and also add the additional witness.