In Summary
  • Ms Jane Muthoni, and her co-accused, Mr Isaac Ng’ang’a alias Gikuyu, had sought that Kiambu High Court Judge Joel Ngugi quits the case.
  • They argued that the judge would not accord them a fair trial since he had early this year convicted their co-accused.

  • The two have denied killing Mr Mwangi, whose body was found in a thicket in Juja, Kiambu County, in November 2016.

A judge hearing a case in which a former principal has been charged with killing her husband has declined to recuse himself from hearing the matter following claims of bias.

Ms Jane Muthoni, who was the headteacher of Icaciri Secondary School in Gatundu, and her co-accused, Mr Isaac Ng’ang’a alias Gikuyu, had, through their lawyer Francis Njanja, sought that Kiambu High Court Judge Joel Ngugi quits the case in which they are charged with the murder of former Kiru Boys Secondary School principal, Mr Solomon Mwangi.

CONVICTION

They argued that the judge would not accord them a fair trial since he had early this year convicted their co-accused, Joseph Kariuki alias Karis, who confessed to having been hired by Ms Muthoni to commit the murder.

According to them, Kariuki’s conviction might have given the judge a preconceived notion of the case, and that the hearing is only a formality.

The two have denied killing Mr Mwangi, whose body was found in a thicket in Juja, Kiambu County, in November 2016.

Further, they argued that failure by the judge to grant them bail showed he was unfair, and they, therefore, wanted the matter transferred to a Nairobi court.

UNSUBSTANTIATED

But Justice Ngugi, in a ruling Wednesday said the circumstances raised by the two were illegitimate, terming them mere and unsubstantiated presumptions “and do not, therefore, warrant my recusal”.

He said there were no claims that he is a party to the case, has relevant interests in it or its outcome, or has a relationship with any of the parties in the case.

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