An attempt by former Nairobi governor Mike Mbuvi Sonko to have chief magistrate Douglas Ogoti recuse himself from a fraud case facing him failed after his application was dismissed.
In dismissing the application, Ogotu ruled that there was no sufficient evidence put before him to show that he is biased towards the former Governor and that his handling of the matter will deprive Sonko of justice.
Trial magistrate Douglas Ogoti said that All parties were involved in the pre-trial hearing dismissing calls for his recusal in the case as an attempt to subvert justice through threats.
“The applicant having been represented by able lawyers instead of filing an appeal opted for recusal, this is a conduct meant to threaten a judicial officer,” Ogoti observed.
The latest setback coming even as the court gave the nod to an application by the Director of Public Prosecutions to have one more witness introduced in the case to testify against Sonko in a matter where he is facing a 14 million shillings graft case.
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At the same time ,the court ruled that the hearing of the case shall proceed as scheduled arguing that the case involves more that one accused person. Delaying the case according to Ogoti, would amount to violating the rights of the co-accused.
Ogoti noted that the accused persons should take charge of their case noting that the medical report presented before the court does not indicate that Sonko is unable to stand trial.
The case will now resume on the 15th of this month.
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