, NAIROBI, Kenya, Mar 9 – The High Court has postponed the verdict in a case involving the foster son of former Assistant Minister Betty Tett, who has appealed a death sentence for violent robbery.
Consequently, Judge James Wakiaga directed the case to be mentioned on April 12 when William Tett will have an opportunity to seek disqualification of Justice Ngenye Macharia.
Justice Wakiaga and Justice Macharia are presiding over the appeal by William.
“Since you have a serious quarrel with this court, we will give you an opportunity to appear before us and make your application,” he said.
William, who was jailed for violently robbing his foster father, insists that he is unlikely to get a fair trial before Justice Macharia because she denied him bail.
Justice Wakiaga postponed the verdict despite the prosecution urging the court to deliver it since William was attempting to pre-empt it.
“It is too late in the day for the appellant to make such an application. He should have made during the course of the appeal,” the prosecution argued.
“He will have an option to appeal after the judgement is delivered since none of us knows the outcome,” argued Prosecutor Catherine Mwaniki.
Two weeks ago, William lost an application before Constitutional Court Judge Joseph Onguto seeking Justice Macharia to recuse herself from the case.
Justice Onguto dismissed the request as an abuse of the court process and want of jurisdiction.