Emurua Dikirr MP Johana Ngeno has petitioned the High Court to block a trial magistrate from proceeding with the hearing of a hate speech case facing him.
Mr Ngeno wants the court to set aside the decision of Chief Magistrate Bildad Ochieng not to recuse himself from the case over allegations of bias.
He accused the magistrate of maliciously setting up the hearing date with the intention of prejudicing his political career.
His lawyer, Kimutai Bosek, told the High Court that the Magistrate Court had rushed to reschedule the initial hearing and proceeded to hear the first prosecution witness without him and his lawyer.
The court heard that on that day, July 25, the lawyer was indisposed but the magistrate could not accept the explanation and proceeded to hear the matter.
Upon hearing the witness, the court set a date for cross-examination by Mr Ngeno’s lawyer three days later without confirming his health status.
Mr Ngeno said he lost confidence in the magistrate as a result and requested him to recuse himself from the case.
But the magistrate dismissed Mr Ngeno’s request and set a hearing on August 1 and 2, a few days before the elections.
Dissatisfied with the decision, Mr Ngeno moved to challenge it at the High Court.
“The general conduct and demeanour of the magistrate is that of hostility and general bias towards the accused hence his apprehension towards the magistrate …,” read the application.
He now wants the matter to be allocated to another court for an ex parte hearing.
In the case, Mr Ngeno is charged with using abusive words on September 6, 2021 that were likely to incite ethnic hatred in Olgos Sofia village, Trans Mara West sub-county, Narok County.
He faces a second count of offensive conduct where he is accused of using abusive words likely to breach peace at the same public gathering at the home of the late Joseph Waitakei Kipsang. BY DAILY NATION