The Anti-corruption magistrate trying the Sh 468 million NYS scam has declined to recuse himself from hearing and determining the matter.
Chief Douglas Ogoti ruled that the application by the accused person lacked merit and was subsequently dismissed.
Former NYS Director General, the Ngirita family and six other accused persons implicated in the scandal wanted the magistrate to recuse himself on grounds that he was biased against them and will not deliver fair judgment if he hears and determines the case.
“The allegations of bias raised by the accused persons was not demonstrated and therefore the application lacks merit,” Ogoti ruled.
Ogoti further said that the application to recuse himself appears to be a critique of the decisions of the court which have gone against them and the proper forum for such contention would be the appellate arena .
In addition, the court ruled that the unsubstantiated suspicion of bias and prejudice by the applicant does not suffice as a reasonable ground for recusal.
“An application for recusal five months after the ruling and seven days before the hearing of the case begins is a very well orchestrated scheme by the applicants to ‘throw spanners’ into the case and forestall its hearing starting three days from now,” the magistrate ruled.
It was the courts decision that there is no evidence of personal bias that has been demonstrated and no demonstration has been put forth to show that the pronouncements of the court were based on extra-judicial influences.
“The apprehension by the applicants that they will not get justice in this court is natural apprehension as to the decision of the court would be biased. The aspect of judging encompasses the unpredictability of the decision,” Ogoti ruled.
The applicants include Richard Ndubai, Lucy Ngirita, Ann Ngirita, Phyllis Ngirita, Jeremiah Ngirita, Sammy Mwangi, Evans Kundu , Welenalo Mulupi, Sophy Kanyua, Ferdinand Ondonyo and Don Kariungi.
Through lawyer Julius Migos Ogamba, the applicants argued that the magistrate will not allow fairness and impartiality to prevail during the hearing and therefore they will not get justice.