Justice Nixon Sifuna, a High Court judge, has refused to recuse himself from hearing a motion to review a magistrate's court ruling that refused to withdraw a corruption charges against former Kenya Pipeline Managing Director Charles Tanui and two others.
The Director of Public Prosecution filed the application after trial magistrate Victor Wakumile denied an earlier request to dismiss the charges against the accused.
In unforgiving terms, Justice Sifuna faulted the DPP terming the application and the move seeking to withdraw the case as “forum shopping and blackmail.”
“I dare say that this application is among its other intentions a forum shopping scheme that should not find glorification of whatever colour, in our courts” reads the ruling.
In the application, the ODPP objected the application for review of Wakumile’s decision to be heard by Justice Sifuna saying that he had dismissed a similar application.
The judge said that recusal of a judge cannot be based on a litigant's “mere displeasure, whim, or unfounded apprehension.”
“Where the plea for recusal is based on apprehension such as in this application, the apprehension must be reasonable, honest, logical and objective and must be based on solid facts,” reads the ruling.
According to the court, granting DPP the wish will spell doom for the judicature and will be a death knell for judicial independence and judicial integrity in Kenya.