Director of Public Prosecution wants the magistrate hearing the mercury fertilizer case to recuse himself.
The state claims Senior Principal Magistrate Kenneth Cheruiyot has exhibited bias in the manner he is handling the matter.
According to the prosecution, the magistrate is on record admitting that he is handling other matters where accused are involved.
They argue the magistrate is handling other two criminal matters which have a similar persona and similar issues as such it is in the interest of all parties that the trial magistrate recuse himself from hearing the matter.
The prosecution further argues that Cheruiyot is on record pronouncing that he is aware of the Kenya Bureau of standards process as such the court has already formed its opinion and pronounced itself before witnesses and evidence is adduced.
The heard that the matter was to be heard today and tomorrow 10th and that the accused persons’ right to a fair and impartial trial will be highly and irreparably prejudiced if the instant application is not heard and determined before the hearing proceeds.
In the case, former KEBS Managing Director Charles Ongwae is charged alongside six others with attempted murder for allegedly allowing importation of substandard fertilizer containing excess mercury into the country.
