Anti-Corruption Chief Magistrate Douglas Ogoti has declined to recuse himself from hearing shilling 468 million NYS scam.
In his ruling on Friday morning, the magistraye said that alleged allegations of bias raised by the accused persons were not demonstrated and the application lacked merits.
“That particular finding is applied mutatis mutandis in this application. I do find that the application dates October 17 as no merit and his hereby dismissed” ruled Ogoti.
The Magistrate said the application by the petitioners who include the Ngiritas family and others appear to be a critique of the decisions of the court which have gone against him and the proper forum for such contention would be the appellate arena .
“The decisions by the court do not amount to evidence on bias of the court”. Added magistrate.
The ruling further said the unsubstantiated suspicion of bias or prejudice by the petitioners does not suffice as a reasonable grounds for recusal.
That particular finding is applied mutatis mutandis in this application. I do find that the application dates October 17 as no merit and his hereby dismissed.
Mr Ogoti said filing an application for recusal 5 months after a ruling 7 days before the case starts is evidence of a very well orchestrated scheme by applicant to throw spanners into the case and forestall it hearing starting three days from today.
“The apprehension by the applicants that he 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” ruled Ogoti.
“There is no evidence of personal bias that has been demonstrated against the applicant. Further no demonstration has been put forth to show that the pronouncements of the court were based on extra-judicial influences”
He said the ruling made by the court both on 5th and 12th of June were ruling made in pursuant to applicable laws.
The courts are allowed to take judicial notice on a notorious factors of evidence Act Cap 80 laws of Kenya.
The accused through their lawyer Julius Migos Ogamba claim that the magistrate will not allow fairness and impartiality to prevail during the hearing and therefore they will not get justice.
The accused are Richard Ndubai, Lucy Ngirita, Ann Ngirita, Phyllis Ngirita,Jeremiah Ngirita, Sammy Mwangi,Evans Kundu , Welenalo Mulupi, Sophy Kanyua, Ferdinand Ondonyo and Don’t Kariungi accuses the magistrate of being bias against them.
Ndubai say’s that, the court had already prejudiced the accused persons to be guilty of the offences they were charged with and that such offences lead to death, anarchy and threat to National security despite the prosecution not leading any evidence in support of that determination.
“The above finding has no basis and fact but only goes to show the court is biased and justice will not be met if this court will proceed with the hearing of this matter” Say’s Ndubai.
According to him social media has already tried and found them guilty of charge’s and such a reasonable perception arises that justice will not met due to predetermined of the court.
The accused Ogoti of compelling them to proceed with the pre-trial process regardless of the fact’s he was made aware that the documents to be relied on by the prosecution were not supplied to the defence contrary to the law.
“The court seems to want to trample on the rights of the accused persons since it already has a predetermined outcome that seeks to achieve and defeat the ends of justice”. say’s Ndubai.
He say after the issue’s raised raised by defense lawyers the magistrate said he will deliver the ruling which was delivered on 12 of June where he addressed the concerns raised.
