Joseph Irungu alias Jowie, the primary suspect in the murder of business lady Monica Kimani has filed an application before the High Court seeking the trial Judge James Wakiaga to recuse himself from hearing the case.
Through his lawyers among them Cliff Ombeta and Sam Nyaberi, Justice Wakiaga exhibited bias and impartiality in the bail/bond ruling delivered on 30th October 2018.
Jowie who is charged alongside Citizen TV journalist Jacque Maribe was denied bail whereas Maribe was released on a Sh 1 million cash bail and three sureties.
In the notice of motion filed on 21st November, the applicant is reasonably apprehensive that he will not get a fair trial before the said court following the unfounded and derogatory remarks and conclusions made by the judge in the said ruling.
In the ruling, justice Wakiaga said…..”The picture that emerges from the prosecution’s affidavit and the pre-bail report of the 1st accused person (Jowie) is that of a male version of a slay queen which for lack of a better terminology, I shall call a woman eater……”
It is the applicant’s argument that the Honorable judge exhibit lack of independence, impartiality and equality which is required of a judicial officer and there is likelihood of bias if the main trial is continues before the said court.
In his affidavit, Jowie says he is dissatisfied and feels aggrieved by some of the findings, remaks and derogatory comments and conclusions of the judge against him and his character.
“I am convinced that the judge in denying me bail addressed the bail application not on the merits of facts and evidence placed before him but on account of external influence and consideration of false and misleading information in the main and social media platforms against the backdropof legal and constitutional consideration judicial independence which is the guarantee of fair trial,” argues Jowie.
In another paragraph in the ruling, the judge states that…..”I have set out the history of this matter at the very outset since it has generated a lot of public interest both main and social media and it is in the best interest of justice that the record speaks for itself so as to put media speculations to rest….”
According to Jowie, in a certain paragraph of the bail ruling, the judge has already adjudged him, painted him a picture of a criminal and found him guilty as charged.
He states that from such comments, it is obvious that in the mind of the judge that he is a hopeless person who depends on women for sex and even kill them if he must. “the judge has already taken away my innocence till proven guilty, stripped me of my dignity, respect and my rights to societal standing.
In addition, the applicant adds that in the ruling, Judge Wakiaga made a conlusion and comparison between him and his co-accused when he stated in a paragraph that….”the second accused (Maribe) on the other hand is so sure of her innocence that she might only be convicted of the offense of being inlove which is not a known offence under our law…..that the investigations were only related to the first accused and not second accused….”Wakiaga went ahead to juxtapose the innocence of Maribe with Adam and Eve’s story in the Bible.
Jowie is apprehensive that he will not get a fair trial nor conviction and has already lodged a complaint with the Judicial Service Commission (JSC) over Justice Wakiaga’s conduct.