Threatened? Why Judge dropped Case like a hot potatoe

Kenyans are rife with speculation after the Magistrate handling a high-profile case recused himself from the case.

In what appears to be a calculated move to weaken the Sh84million corruption case against the Samburu governor, the judge controversially excluded himself from the case.

The governor together with 13 others was accused of embezzling Samburu County funds.

After a series of run-ins with the police and the Ethics and Anti Corruption Commission (EACC), the governor was later to be arrested and arraigned in Court.

In what happened to be a historic ruling, Chief Magistrate Douglas Ogoti slapped the embattled governor with a Sh100 million bail, and a Sh150 million bond or surety of a similar amount.

The governor is also under investigations over the misuse of Sh2billion from the county’s coffers.

Appeal

Thursday, Magistrate Douglas Ogoti stepped aside for the case to be handled by another magistrate. This is after High Court Judge, Mumbi Ngugi termed the Ogoti’s ruling ‘excessive’.

She was to later reduce the Sh100 million bail to Sh10 million, while reducing the bail terms from Sh150 million to Sh30 million.

In his recusal ststement, Magistrate Ogoti maintained he would not force himself to proceed with the case. However, he also noted that his conscience was clear, and that what he did was just to the best of his knowledge.

“I’m just the head of the anti-corruption case and there are other people who can handle the matter. I have deferred the case to magistrate Lawrence Mugambi. The suspects should be remanded in custody until that time,” noted the judge.

On her part, Justice Mumbi Ngugi, after revoking the hundred-million bail by her lower court counterpart, observed that the high bail was tantamount to denying the accused bail.

“At any rate given the nature and circumstances of the case and the penalty provided in law, it is my view that the bond terms imposed on the applicants are excessive,” stated Ngugi.