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Court directs victims in Ex-MP’s assault case to re-file recusal application

By Standard Team | April 13th 2021

A Nairobi Magistrate Martha Mutuku has instructed the victim in an assault case against former Tetu MP Ndung'u Gethenji to a proper recusal application.

The victim through lawyer Professor George Wajackoyah had earlier made an application seeking to have Chief Magistrate Martha Mutuku recused from plea taking of assault case against Gethenji.

When the matter came for mention before magistrate Martha Mutuku Virtually on Tuesday, the court was informed that the DPP has not responded to an application by Gethenji who is seeking to have his assault charges reviewed.

Githenji is expected to answer assault charges. He is said to have assaulted a security guard in Kitisuru in February this year.

Magistrate Martha Mutuku at the same time sought to confirm whether the recusal application had been filed and served to relevant parties.

Professor Wajackoyah had filed the recusal application on March 31, 2021, and served it to the defense lawyers on the same day but defense had not responded.

The victim’s lawyer sought more time to file a proper recusal application since the previous one was filed under miscellaneous as there was no case number given previously.

The magistrate instructed that it be re-filed under the relevant case number before close of business and appear for virtual mention on April 23, 2021.

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