A Nairobi magistrate has made a firm decision to keep control of a fraud case that has dragged on for years after dismissing an attempt by one of the accused persons to have her removed from the proceedings.
Chief Magistrate Dolphina Alego, sitting at the Milimani Law Courts, rejected an application filed by Andrew Kirungu seeking her recusal from the case, describing it as a calculated effort to intimidate the court and delay justice.
The application, which came after the prosecution had closed its case and the accused had been placed on their defence, accused the magistrate of bias.
Kirungu claimed that her conduct, writings, and body language showed prejudice, and even pointed to parliamentary discussions and media coverage as factors that could have influenced the case.
The magistrate dismissed those claims as speculative and unsubstantiated, saying they lacked any factual foundation.
She questioned the timing of the application, wondering why such allegations surfaced only after the court ruled that the accused had a case to answer.
In her words, the timing of the complaint suggested it was meant to derail the trial rather than promote fairness.
Magistrate Alego further noted that the defence’s arguments reflected a narrative driven by conjecture and paranoia.
She reminded the court that she had previously shown consideration to the accused by reducing Kirungu’s bond on humanitarian grounds due to ill health.
That, she said, showed the court’s fairness, not bias. Her ruling suggested that the defence was now attempting to turn judicial leniency into a tool for manipulation.
The magistrate also pointed out that the application came only from one of the two accused persons, implying that the move had ulterior motives rather than being a genuine concern about impartiality.
Kirungu is facing trial alongside former Provincial Commissioner Nathan Chelogoi. The two are accused of fraudulently acquiring land valued at Sh1.3 billion belonging to businessman Ashok Doshi.
They both denied six counts of fraud, conspiracy to defraud, and forgery, and were released on bond.
The case, which has been under the watch of the Milimani courts for several years, has drawn public attention because of the huge sums involved and the high-profile names linked to it.In dismissing the recusal application, Alego cited the Judicial Service (Code of Conduct and Ethics) Regulations of 2020, which outline specific circumstances under which a judicial officer can withdraw from a case.
She said none of those conditions applied in this instance since she was not a party, witness, or personally interested in the matter.
She also referred to landmark cases in Kenya and South Africa that defined judicial bias, noting that the true test is whether a reasonable and informed person would genuinely perceive partiality.
According to her, mere dissatisfaction with a court ruling does not amount to bias.
The magistrate stressed that while total neutrality is impossible for any human being, the law requires judges to maintain judicial impartiality by applying fairness, integrity, and reason.
She condemned the application as an attack on the independence of the judiciary and reaffirmed that no judicial officer should yield to intimidation or emotional tactics from any side.
Alego even addressed claims that her recent promotion to Chief Magistrate and nominations for judicial awards had been influenced, saying such allegations were baseless and disrespectful to the institution she represents.
With the ruling delivered, the court proceeded to fix new hearing dates for the defence phase.
The cross-examination of Kirungu was set to continue on October 16, 17, and 18.
The decision now clears the way for the trial to move forward after years of delays, signaling that the court will not entertain further attempts to obstruct justice.
Leave feedback about this