Governor Mike Sonko was granted his wish after Lady Justice Mumbi Ngugi recused herself from handling a case in which the Nairobi boss is challenging orders barring him from accessing his office.
Last month, Sonko had moved to the High Court seeking Mumbi’s disqualification alongside her colleagues Grace Ngenye and John Onyiego from participating in the proceedings.
Through Lawyer Harrison Kinyanjui, Sonko argued that the three Judges would be biased against him seeing as they barred Governors Moses Lenolkulaal (Samburu) and Ferdinand Waititu (Kiambu) from office.
The embattled governor claimed that Justice John Onyiego, being the head of the Appellate Court, would tilt his judgement in favor of the previous ruling.
“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,” Sonko said.
Following her recusal from the Sonko case, Lady Justice Ngugi referred the case to the Principal Judge. The matter will be mentioned on January 29.
At the same time, Sonko can breathe easy after the Director of Public Prosecutions withdrew assault charges against him.
The complainant, Coast Regional Police Commander Rashid Yakub, filed an application saying he was no longer interested in pursuing the matter.
Senior resident magistrate Fredrick Nyakundi is expected to make a ruling on the matter today, Wednesday 22, at 9 am at the Voi law courts.
