NAIROBI, Kenya, Oct 4 – Former Nairobi Town Clerk John Gakuo has lost a bid to have a judge hearing their appeal disqualified.
Gakuo together with former Permanent Secretary Samy Kirui, Mary Ng’ethe and Alexander Muse sought that Justice John Onyiego disqualify himself from their hearing.
The move comes after the Judge declined to grant them bail pending appeal.
The former state officers wanted the file taken to Chief Justice David Maraga so as to appoint another judge to hear their appeal.
The prosecution on its part wondered why the four changed their minds yet they were ready to argue the appeal.
The prosecution also accused them of attempting to select a judge to hear their case.
Justice Onyiego said an application for recuse of a judge must be based on real, actual or proven bias, influence or prejudice.
“Therefore, an application for recusal should not be made as a matter of course based on perception, hearsay, imagination, fear of unknown, speculation or probabilities but rather on a serious interrogation on the reasons cited for recusal and its likely effect on the substantive justice if proved or established,” the Judge said.
The Judge said the best the four would have done was to appeal against his decision and not cast a negative perception on the impartiality of the court.
Justice Onyiego had refused to set them free, pending the appeal, saying they had failed to provide sufficient reasons.
The Judge said the issue of age and the medical condition raised by Gakuo was not sufficient enough because he can still get medical services in prison.
The four former civil servants are serving three years in jail over the irregular purchase of a cemetery land for Nairobi.
The hearing of the appeal is slated for October 22.