By Isaiah Lucheli
A high court judge has for the second time rejected an application to have her disqualify herself from a case involving a multi-million beach hotel.
Malindi high court judge Christine Meoli on Tuesday rejected a verbal application by lawyer Kabue Thumi who sought to have her recluse herself from the case involving the ownership of the Sh500 million Salama Beach Hotel with a German.
Kabue had told the court that his client Isaac Rodrot who is a director with the hotel had filed a petition against the judge over her delayed reading of ruling written by Justice Hellen Omondi who has since been transferred.
Kabue explained to the court that it was improper for the judge to handle the case whereas there was a matter pending in the high court in Nairobi pitting Rodrot against her.
Lawyer John Khaminwa had last month also sought the judge to disqualify herself from the case over the same matter but she also declined stating that the application by Khaminwa was defective.
The two counsels asked the judge to disqualify herself in the interest of justice and a fair trial.
Rodrot has sued Meoli and Judicial Service Commission (JSC) for having taken long to read a ruling in a civil case that was concluded over eleven months ago involving the beach hotel in Watamu.
In a petition filed under certificate of urgency Rodrot claims that his right to a fair trial has been infringed and stands to suffer immense losses owing to the huge sum of money involved.
The businessman adds that no ruling notice has been sent or received by his lawyer and added that all enquiries at the Malindi registry have not yielded fruits.
The judge directed Kabue to file a formal application in court. The case will be heard on October 23 2012.