Former Nairobi governor Mike Mbuvi Sonko has accused anti-corruption magistrate Douglas Ogoti of bias and wants him stopped from handling a criminal case against him.
Sonko says if Ogoti is allowed to continue hearing the case against him, he stands to suffer irreparable damage.
He says he is apprehensive of bias towards him by the magistrate in the conduct of his case and as such wants the High Court to call for the file in the lower court.
“Justice must not only be done but must manifestly be seen to be done,” he said.
He explained to the court that he once asked the magistrate to recuse himself from his case. However, even before his application for recusal was heard, his lawyer withdrew from the case.
“The petitioner has reasonable apprehension that during the trial of his case before chief magistrate Douglas Ogoti, good counsel, fairness and impartiality will not prevail and therefore the petitioner does not feel that his fundamental rights to a fair trial will be respected in the said court,” he said.
"The rule of law is the beacon of our democracy and should be protected, promoted and defended at all times. What is unfolding in the court of the 3rd respondent (Ogoti) where the petitioner has been denied right to a fair hearing and therefore an infringement of his fundamental right.”
Sonko wants the case to be assigned to another magistrate of similar jurisdiction to ensure a fair trial. He also wants the court to suspend the case at the magistrates' court pending determination of his application.
On March 4, the magistrate issued a ruling declining to disqualify himself from the case, saying there was no evidence of bias.
Ogoti also said there was no evidence that the pronouncement of the court in other earlier rulings in the case were of extrajudicial influence.
He said Sonko must demonstrate personal 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.
Sonko and his co-accused face charges of corruption. They had denied any wrongdoing.