If I'm biased wait for vetting, judge says

By Evelyn Kwamboka

A judge declined to disqualify himself from hearing an election petition challenging Kamukunji MP Simon Mbugua’s election to Parliament.

Justice Fred Ochieng' said he would not allow himself to be influenced by political considerations.

The judge said in the event PNU or ODM wins in the election petition, it would not shield him from being vetted as per Section 23 of the sixth schedule.

“But if someone thinks that I have acted in a manner that was inconsistent with the said oath, they will have their opportunity to so demonstrate during the vetting in due course,” he said.

He said if a judge were to try and endear himself to the public opinion by making a decision, which would expose him to the pending vetting, he would not have done anything to suit his best interests.

“In so far as vetting is for all judges and magistrates, I fail to appreciate how that fact can be deemed as giving rise to bias in me, against the respondent (Mbugua),” he ruled.

Justice Ochieng’ was appointed by Chief Justice Evan Gicheru to handle the petition, following Lady Justice Kalpana Rawal’s disqualification.

Judge Rawal disqualified herself in June after receiving threatening messages from anonymous people.

On Saturday, Justice Ochieng’ said disqualifying himself on the basis of the vetting would stall the election petition. Mbugua had asked the judge to disqualify himself for ordering the election petition to continue, pending hearing and determination of a case challenging Parliament’s powers to pass laws on vetting judges and magistrates.

Stopping the petition pending the determination of the vetting case would have constituted a precedent that was binding on all magistrates’ courts.

Justice Ochieng’s decision is the eighth one dismissing Mbugua’s attempts to have the petition challenging his election stopped.

Mbugua had argued that from August 27, judges ceased having their independence and security of tenure