The Director of Public Prosecutions (DPP) on Wednesday failed in an attempt to have Senior Principal Magistrate Alloys Peter Ndege recuse himself from the ongoing fraud case in which Uasin Gishu Governor Jonathan Bii and his former deputy John Barorot are witnesses.
The case relates to the alleged misappropriation of Sh1 billion meant for an overseas education scholarship program by Uasin Gishu senator Jackson Mandago and two others.
In its application, the DPP, represented by prosecution counsel Okachi, accused Magistrate Ndege of bias, citing his issuance of arrest warrants against Governor Bii and Mr Barorot without first summoning them.
The DPP argued that this action demonstrated partiality and was aimed at intimidating the prosecution witnesses.
However, in his ruling Mr Ndege dismissed the DPP's claims stating that the prosecution had failed to provide sufficient grounds for his recusal.
He explained that the arrest warrants were issued because the witnesses had repeatedly failed to appear in court, despite being summoned on three separate occasions.
"It is clear that the witnesses failed to appear before the court on three occasions despite the summons. Meanwhile, the accused have incurred unnecessary expenses attending court hearings only for the cases to be adjourned. This court has a duty to safeguard the rights of the accused persons,” ruled Magistrate Ndege.
The defence team led by lawyer Stephen Kibungei opposed the DPP's recusal application, arguing that the witnesses had shown disregard for the court and that the arrest warrants were justified.
The hearing of the case which was slated for the day was delayed to 2pm after the court was forced to listen to three applications that were filed in regards to the matter.
In a separate application, Governor Bii, his former deputy, and other county officials, including the outgoing county attorney and county secretary, sought to have the arrest warrants lifted.
Their lawyer Kipkoech Ngetich explained that the accused had requested to testify last due to official county duties.
The court eventually lifted the arrest warrants after the witnesses, through their lawyers, committed to appear in court as required.
The case, which involves Uasin Gishu Senator Jackson Mandago and two county officials, centers on the alleged mismanagement of funds meant for the county's overseas education scholarship program.
The hearing was delayed to allow the court to address the various applications filed in relation to the matter.
