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Judge Ngugi disqualifies herself from Sonko case

High Court Judge Mumbi Ngugi has recused herself from handling a case in which embattled Nairobi Governor Mike Sonko is challenging orders barring him from accessing his office.

Sonko in the application has also sought the disqualification of Mumbi, Justice Ngenye Macharia and John Onyiego from participating in the proceedings.

Through Lawyer Harrison Kinyanjui, the county chief says the judges have already expressed themselves in two respective decisions touching on section 62 of the anti-corruption and economic crimes act.

Justice Mumbi in a separate ruling against Samburu Governor observed that Section 62(6) of the Anti-corruption and Economic Crimes Act, apart from obscuring, helps destroy the "political hygiene" as it was contrary to the provisions of the constitutional requirement of integrity in governance, and against the national values as well as principles of leadership and integrity.

According to the Judge, allowing persons facing criminal charges to public offices entrenches corruption and impunity in the land.

Sonko said all the three judges are openly biased against applying section 62 and they should recuse themselves from participating in the proceedings. 

“All the cited judges in the division by their stated pronouncements and conduct have created in my mind the irresistible impression that they have taken the position of and in defense of the state organs so far as the scope of section 62 is concerned,” he said.

The matter will be mentioned on January 29.

This article was originally published on The Star.


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