•On Monday, Ogoti ordered Sonko to appear in court for the hearing of his Sh10 million graft case that was to proceed on Tuesday.
•The governor went to court but journalists were not allowed to cover proceedings because of the protected witnesses.
Former Nairobi Governor Mike Sonko’s lawyer John Khaminwa walked out of proceedings on Tuesday in protest, saying the trial magistrate is not fair. https://bit.ly/3rWNXFE
Former Nairobi Governor Mike Sonko’s lawyers walked out of proceedings on Tuesday in protest, saying the trial magistrate is not fair.
Lawyer John Khaminwa was the first to walk out.
Speaking to journalists at the Milimani law courts, Khaminwa said Chief Magistrate Douglas Ogoti has been openly biased against Sonko in the case.
Later, the rest of Sonko's legal team walked out, leaving Sonko without a lawyer.
The other lawyers are Philip Kaingu, Wilfred Nyamu, Assa Nyakundi, Alphonce Mutinda, Evan Ondieki and Martin Kuruga.
The proceedings continued in camera.
On Monday, Ogoti ordered Sonko to appear in court for the hearing of his Sh10 million graft case that was to proceed on Tuesday.
The governor went to court but journalists were not allowed to cover proceedings because of the protected witnesses.
Khaminwa said he walked out because Ogoti refused to adjourn the matter so he left the other lawyers to hear the case.
He said he has raised several reasons why the governor should not come to court but Ogoti overruled them all.
One being that he was given 10 days bed rest after being discharged from hospital but the court would not hear of it.
Khaminwa also claims that Sonko’s driver died a few days ago and they suspect that it could be Covid-19 so he should adjourn and allow Sonko to go for testing.
He says they have also filed a complaint at the JSC against Ogoti for being biased and always ruling against Sonko in all the cases.
Khaminwa says apart of him being biased, his court also sits at odd hours.
In the complaint to JSC, Sonko wants Ogoti to be investigated for alleged unethical conduct in the hearing his graft case.
"I have reason to believe that the magistrate has exhibited open bias against me in a manner in which he has presided over the trial," reads the petition.
Sonko says Ogoti has at all times refused all his applications for adjournment of the matter even when the reasons are valid.
Sonko says justice must be seen to be done, adding that the conduct of the magistrate is contrary to the law and therefore should be investigated and appropriate disciplinary action taken.