Anti-Corruption Court’s Chief Magistrate Douglas Ogoti has ruled that Mike Sonko’s application for him to recuse himself from his Sh10 million graft case amounts to threatening judicial officers.
“To ask a court to disqualify itself against orders which have not been appealed amount to a threat to judicial officers” ruled Ogoti on Thursday morning, March 4 when the former Nairobi governor was produced before him.
The embattled former City Hall boss wanted Ogoti to recuse himself from the case, accusing him of bias and arguing that the court had a predetermined outcome.
Ogoti said that bias can only be proven on the basis of personal or extra-judicial grounds for a magistrate to recuse himself from a case.
“Where the judicial officer is a party or has previously acted for a party or has a financial gain in the matter,” said the magistrate, stating reasons for judicial officers to remove themselves from a case.
Ogoti, quoting from the ruling by Nairobi Chief Magistrate Martha Mutuku, said suspects must submit to the rule of law and if not satisfied by the outcome, they can always appeal.
“The same way this court and presiding officers demand respect from the party it is a mutual relationship, [All] must submit to rule of law [and] any party not satisfied they have room to appeal,” said the Mutuku ruling quoted by Ogoti.
After dismissing Sonko’s application, Ogoti allowed the prosecution’s request to adduce new evidence in the Sh10 million graft case against the former governor.
Further, Ogoti warned Sonko that he will not allow any more adjournments citing the former leader’s failure to sufficiently instruct his new lawyers after getting rid of his previous legal team.
The next hearing will be on March 15.
