NAIROBI, Kenya, Sep 22 – Jubilee Party Secretary General Raphael Tuju has petitioned the Judicial Service Commission (JSC) for the removal of a judge in a Sh1.6 billion debt case pitting his firm – Dari Ltd – against the East Africa Development Bank (EADB).
Tuju wants Commercial Court Judge Mary Kasango removed from office over what he terms as ‘outright bias’ he claims the judicial officer has continually depicted while handling the matter.
In the petition filed on Monday, the politician claimed Lady Justice Kasango seemed to have acquired a personal stake in the matter by exhibiting favourism towards the regional lender.
Tuju said he was aggrieved because the actions of the judge may end up prejudicing Dari Ltd and its directors.
Through lawyers Paul Muite and Paul Nyamodi, the petitioner argued the judge was according differential treatment to parties in the matter hence the need for her removal under Article 168 of the Constitution.
Tuju also cast doubt on the speed with which the judge proceeded to hear an application seeking to find him and his three daughters in contempt of court.
“This is indicative of bias against Dari Ltd and the director’s,” Tuju argued.
By doing so, Tuju claimed the judge is hell bent on finding the said parties in contempt of court, yet she allowed receivers access to his company without giving him and the children an opportunity to respond to the application.
However, EADB through lawyer Tom Ojiambo dismissed Tuju’s conduct saying it amounted to intimidation and a motive to destroy the judicial system.
On its part, EADB wants Justice Kasango to proceed with the application to have Tuju and daughters Yma, Alma and Mano punished for defying a court order.
Dari Ltd has since been placed under receivership over the debt but Tuju has obtained an order from the Appeals Court stopping any plans to seize his property.
Judge Kasango will decide whether she will bow out of the case.