Judge in Tuju case to give recusal verdict on October 21
A judge in the Sh1.6 billion loan case against Jubilee Secretary General Raphael Tuju will decide whether to recuse herself or not on October 21.
Justice Mary Kasango set the ruling date after the parties in the matter made their submissions in the case over Tuju’s request to have her disqualify herself from handling the matter.
Tuju wants the judge to recuse herself on grounds that she can no longer hear the case as he (Tuju) had filed a petition before the Judicial Service Commission (JSC) to kick her out of office.
Through lawyer Paul Nyamodi, Tuju says that the petition before the JSC is premised on the manner in which the judge (Kasango) has handled this matter the last time they were in court.
“It would be improper to call upon you to defend yourself from that petition following this application I am making.
The fact that Tuju has filed a petition before the JSC is sufficient ground for you to recuse yourself,” argued Nyamodi.
If Kasango, who is head of the Commercial Court in Milimani withdraws, then the case has to be allocated to a judge outside that Division as all other judges including Grace Nzioka and Francis Tuiyott have recused themselves from hearing the case.
However, lawyer Fred Ojiambo for the East Africa Development Bank urged the court to dismiss the application by Tuju.
EADB is seeking Sh 1.6 billion from Dari Ltd following a botched loan deal.