Used Nairobi Governor Mike Sonko desires the High Court docket to disband a optimistic court docket appointed by the Chief Justice (CJ) to envision out him in his Sh10 million corruption case.
In three petitions filed by frail authorized skilled John Khaminwa, Sonko says his rights to an very excellent trial had been infringed by veteran CJ David Maraga’s appointment of a optimistic magistrate’s court docket for the trial.
The veteran governor has fired several salvos at the Anti-Corruption Court docket presided over by Chief Justice of the Peace Douglas Ogoti.
Within the capabilities, he has roped in performing Chief Justice Philomena Mwilu, Director of Public Prosecutions (DPP) Noordin Haji , Mr Ogoti, the Attorney-Long-established and the Judicial Provider Price (JSC).
The veteran governor says the Structure doesn’t recognise the court docket cases of particular courts nevertheless public trials, so the superior court docket must aloof reveal his trial in camera a nullity.
Sonko is searching for orders including the elimination of the case from Mr Ogoti’s tray and its allocation to an impartial adjudicator.
He accuses Mr Ogoti of bias and shortage of impartiality and claims the trial magistrate has issued “extremely prejudicial remarks”, calling him “insane”, “a hazard to the society” and a “criminal operating a ways off from his crimes”.
“The magistrate would lengthen intensive latitude to the prosecution,” Dr Khaminwa states in the application to maintain the case assigned to a different court docket.
The accused also desires the High Court docket to reveal the particular court docket unconstitutional and that the appointment of a optimistic magistrate’s court docket violates his rights to an very excellent trial as equipped for below Articles 50(2)(d) and 25 (2)(c) of the Structure.
Extra, Sonko desires the court docket to reveal the upholding of his correct form to an very excellent trial, as pronounced in the Structure.
He’s also searching for orders for a public trial, moderately than a non-public one, that he says would be opposite to Article 50 (2) (d).”
Referring to his smartly being living following sickness, Sonko notes that Mr Ogoti has insisted on persevering with with the listening to although his in unhappy health smartly being is famous to the court docket.
He adds that despite notifying the court docket of predicaments that maintain befallen him due to the Covid-19 pandemic, the magistrate issued orders for the trial to proceed.
He cited the loss of life of his long-time driver and the quarantining of one of his lawyers and a interior most aide, who examined obvious for the disease after interactions at the Kahawa Laws Courts, where he used to be charged over alleged hyperlinks to alarm actions.
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However Sonko’s pleas to maintain the court docket follow the directions of senior medics, for him to relaxation for 14 days, fell on deaf ears.
Quoting Articles 1(c),4 (2),10,22,23, 50 (1), 159,165 (3) (d), 165(6),258 and 259, he asks for the High Court docket’s intervention, asserting it will resolve any matter positioned ahead of it.
Quite a lot of instances
Sonko, who used to be arrested and arraigned in July 2020, pled no longer guilty to the costs filed in opposition to him by the DPP.
He’s also charged with graft in two instances moving portions of Sh354 million and Sh14 million.
The ex-governor is also coping with assault and theft with violence charges at the Kiambu Laws Courts.
He used to be launched on bond in the whole instances for which he is looking ahead to additional direction from the courts.
Two weeks ago, Justice Weldon Korir suspended the listening to of the Kiambu instances.