BY SAM ALFAN.
Jubilee secretary general Raphael Tuju now wants a judge who is handling his Sh1.6 billion dispute removed.
Tuju filed a petition before the Judicial Service Commission (JSC) seeking for lady Justice Mary Kasango removal over a dispute pitting his company and a regional lender in a Sh1.6 billion debt.
Tuju accuses Justice Kasango of bias in the manner in which she has handled the dispute, alleging that the Judge has somehow acquired a personal stake in the matter.
“Throughout the proceedings in this matter, the Judge has exhibited favouritism towards EADB and bias against Dari ltd and its directors. This is evidence from the Judge’s failure to act judiciously in matters that prejudice Dari ltd and its directors,” Tuju said.
Tuju through his lawyers Paul Muite and Paul Nyamodi he urged the judge to recuse herself from hearing contempt proceedings brought against him, because of the petition for her removal.
The court heard that Tuju filed the petition to remove her under Article 168 of the constitution for allegedly according differential treatment to the opposing parties.
The petition said the hurried manner in which the judge has proceeded to hear an application seeking to find Tuju and his children in contempt of court is indicative of bias against the Dari ltd and its directors. He said the judge is hell-bent on finding the directors in contempt of court.
Tuju said the Judge granted receivers access to his company and in effect heard contempt of court proceedings without granting him and his children an opportunity to respond to the application.
The orders were subsequently set aside but he said the act of condemning them unheard in the first instance, is a clear testament of the judge’s bias.
Tuju also said the judge also doubted whether he would comply with a directive of the Court of Appeal, requiring Dari ltd to deposit Sh50 million in court as a condition of stopping auctioning the
“The Judge seems to have somehow acquired a personal stake in the matter and determined to ensure that we do not have our day in court,” he said.
EADB through senior counsel Fred Ojiambo said there has been a pattern of conduct by Tuju whenever a ruling does not resonate with their preferred outcome. Ojiambo said Dari has so far called for the recusal of three judges. “It is a clear intimidation and a motive to destroy the judicial system of this country,” Ojiambo submitted.
EADB wanted the court to proceed with an application seeking to have Tuju, his children Yma, Alma and Mano punished for disobeying a court order.
Justice Kasango will rule on the application for her recusal on October 21.
