Legal proceedings against former Kenya Pipeline Managing Director Charles Tanui and two others unfolded as High Court judge Nixon Sifuna refused to step down from overseeing an application aiming to reevaluate a lower court’s decision.
The Director of Public Prosecution (DPP) had applied to a magistrate, Victor Wakumile, who rejected a previous plea to drop corruption charges against the accused.
Judge Sifuna criticized the DPP’s move, labeling it as “forum shopping and blackmail” in his ruling.
He stated, “I dare that this application is among its other intentions a forum shopping scheme that should not find glorification of whatever color.”
This decision came after the DPP argued against Justice Sifuna’s involvement, citing his previous dismissal of a similar request.
Refusing to step aside, Justice Sifuna emphasized that a judge’s recusal cannot be prompted by a litigant’s mere dissatisfaction or unfounded fears.
He highlighted the necessity for apprehensions to be reasonable, honest, and based on solid evidence. Granting the DPP’s request, he warned, would undermine judicial independence and integrity.
Furthermore, the judge dismissed the plea to have the case heard by a three-judge bench, asserting that a review application does not necessitate additional scrutiny.
He stated, “Honestly, a revision application will require additional pairs of eyes or additional minds and wisdom not posed by a single judge.”
The corruption charges against Tanui and his associates stem from allegations of violating procurement laws by authorizing payments to Redline Limited.
Tanui, Elias Maina Karumi (Former Chief Manager-Technical), and Josephat Kipkoech Sirma (Former Chief Electrical Engineer) were accused of improper conduct related to procurement transactions dating back to February 18, 2014.
Karumi and Sirma were implicated in facilitating payments to Redline Limited and falsely certifying the completion of tender-related works, respectively.
Dan Foote, A Former US Envoy, Says Ruto Is Sending Kenyan Police To Haiti For Money.
