Former assistant minister Betty Tett, son William David Tett at Milimani law courts on Wednesday March 9, 2016.
BY SAM ALFAN. Betty
Tett’s adopted son David William Tett has managed to stop the reading of a judgment in the case in which he has appealed against his death sentence.
Justice James Wakiaga was set to deliver the judgment today but David opposed its delivery because he wants Lady Justice Ngenye Macharia who handled his trial and also heard the appeal, be recused from the matter.
According to David he will never get justice if a judgment in which Lady Justice Ngenye participated in preparing is delivered. Since you have a serious quarrel with this court, we will give you an opportunity to appear before us and make your application,” he said.
William, who was jailed for violently robbing his foster father, insists that he is unlikely to get a fair trial before Justice Macharia because she denied him bail.
Justice Wakiaga postponed the verdict despite the prosecution urging the court to deliver it since William was attempting to pre-empt it.
“It is too late in the day for the appellant to make such an application. He should have made during the course of the appeal,” the prosecution argued.
“He will have an option to appeal after the judgement is delivered since none of us knows the outcome,” argued Prosecutor Catherine Mwaniki.
Two weeks ago, William lost an application before Constitutional Court Judge Joseph Onguto seeking Justice Macharia to recuse herself from the case.
Justice Onguto dismissed the request as an abuse of the court process and want of jurisdiction.
