- The DPP says the Judge should not handle the matter because of the numerous times he has pronounced himself on their practice of withdrawal of cases.
- The judge has in the recent past called them out for withdrawing most of their cases in court.
Image: FILE
The office of the DPP has filed an application in court seeking the disqualification of Justice Nixon Sifuna from hearing a corruption case touching on the prosecution of former Kenya Pipeline MD Charles Tanui.
The DPP says the Judge should not handle the matter because of the numerous times he has pronounced himself on their practice of withdrawal of cases.
The judge has in the recent past called them out for withdrawing most of their cases in court.
Sifuna recently condemned the trend by the said office saying:
"Regrettably, this practice is increasingly gaining notoriety and becoming fashionable among Kenya prosecutors. This practice is not only unorthodox but also a vice that the prosecutors need to urgently start disabusing themselves of."
It is these sentiments that the DPP now says are damaging to them hence the bid to have him recuse himself from hearing their review.
"We are undoubtedly standing at a disadvantageous position before the Judge who has wholesomely condemned public prosecutors for a single act of seeking to withdraw a matter without interrogating the reasons behind the withdrawal but sweepingly condemning what the court has characterized as a 'laundry manner if prosecution practice'," says the DPP.
Tanui was charged in court in 2020 with alleged irregular payment of Sh40 million for the supply of three transformers when he was in office.
He was charged alongside Elias Maina who was the chief manager in charge of the technical department and Josphat Sirima who was the Chief engineer.
But this year, the DPP sought to withdraw the matter when the case was at its tail end.
Only the investigating officers' evidence remains.
He is the 26th witness in the case.
The trial Magistrate Victor Wakumile declined the request by the DPP which led to the latter moving to the high court to seek a review.
High Court Judge Lilian Mutende subsequently issued an order suspending the trial and directed the matter to be placed before Justice Esther Maina for further directions.
When the case was taken to Maina, she extended the order suspending the trial and at the same time referred the case to Sifuna for hearing and determination.
"As to whether he shall hear it, I shall leave it to him," said Maina.
When the matter came up before Sifuna Thursday, SADPP Alexander Muteti told the court they had served their application in which they sought his recusal on the other parties.
He also mentioned that they have filed another application seeking to have the matter referred to Chief Justice Martha Koome to appoint an uneven number of judges to hear the case.
The reason is that it raises substantial issues that cannot be determined by a single judge.
Judge Sifuna subsequently directed the two applications to be heard on Wednesday next week.
The accused person's will be required to physically appear in court during the hearing.
He at the same time directed that the matter at the trial court remain suspended pending determination if the two applications.