Justice John Onyiego disqualifies and distances himself from a case involving Mike Sonko Sh365 million graft

Governor Mike Sonko. FILE

Justice John Onyiego has disqualified himself from managing a case in which Nairobi Governor Mike Sonko wants corruption charges involving Sh365 million quashed.

Justice John Onyiego directed the file be placed before the principal judge Mumbi Ngugi for further directions after consultation with Chief Justice David Maraga.

In the case, Sonko had sought the recusal of Onyiegi, Mumbi Ngugi and Justice Ngenye Macharia from the case citing bias.


Through lawyer Harrison Kinyanjui, the county chief said the judges had already expressed themselves in two respective decisions touching on Section 62 of the Anti-Corruption and Economic Crimes Act.


 One of their judgments involves that of Samburu Governor Moses Olenkulal who was blocked from accessing office after being charged with corruption.


In that decision, Justice Ngugi observed that Section 62(6) of the Act, apart from obscuring, helps destroy the "political hygiene" as it was contrary to the provisions of the constitutional requirement of integrity in governance, and against the national values as well as principles of leadership and integrity.


Judge Onyiego ruled that to demand his recusal and that of Mumbi, being the only judges tasked to hear anti-corruption related matters in the High Court, was an act of forum shopping.


Judge Onyiego said Sonko hasn't met the key ingredients for his recusal but for the sake of personal conscience he chose to bow out.


 "Its only fair I avoid unnecessary clamour for justice even where there’s no injustice committed by the court," justice Onyiego said



"Grant of such orders is a matter of discretion by the trial court depending on the circumstances of each case. Failure to exercise discretion in favour of one party is not a ground to disqualify oneself," he said.