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New twist in Chesang murder case as family wants case moved out of Machakos

EASTERN
By Erastus Mulwa | Jun 6th 2019 | 2 min read

The family of slain lawyer, Robert Chesang, now wants the case moved from the High Court in Machakos.

Chesang’s wife Pauline Omung’alla and four other suspects are facing charges related to the murder.

According to court papers filed by Chesang’s family through their lawyer Vincent Kiptoon, fair administration of justice will not be achieved if the case is heard and determined in Machakos.

Justice George Odunga, who is handling the case, is set to deliver a ruling on bond or bail application by the accused persons on June 10.

But the family, in an application filed under certificate of urgency, wants Justice Odunga to recuse himself from handling the matter and refer the case to another judge. 

Issue raised

Some of the issues raised by the family against the hearing and determination of the case by Odunga are the fact that the judge had earlier handled other cases involving Chesang’ (pictured) and his wife, which in its submissions might prejudice the final outcome.

The family further argues that an alternative court within Machakos recused itself from hearing the matter upon the application by Ms Omung’alla on grounds of ethnic background of the judge and Chesang’.

“We do not wish to be referred back to the same judge, neither do we wish to revisit the grounds laid then. But for the interest of justice and for fairness and for justice not only to be done, but seen to be done, we ask this court to transfer the matter to another court,” they said.

In a sworn affidavit, Chesang’s brother Nehemiah Chesang, said the lawyer, at some point, felt frustrated by the same court.

“The deceased did not get justice before this court when he was alive. It therefore goes without saying that the deceased will not get justice when he is dead before the same court,” he said.

In his affidavit, Chesang’s brother also appeared to advance similar argument raised by Omungalla on the previous court.

“This court also comes from the same ethnic background with that of the first accused, and therefore, there is a reasonable apprehension that the court will not be impartial in determining this matter,” he said.

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