Murder suspect Naftali Kinuthia accused of killing Ivy Wangeci in 2019 outside Moi Teaching and Referral Hospital has made new demands. Before the High Court in Eldoret, Kinuthia filed a new application wanting to have the presiding Judge Stephen Githinji recuse himself from handling his case over alleged bias.
During hearing of the matter, he used his lawyer to present the application to have the judge recuse himself.
A part of the application read, “The judge gave considerations to extraneous reasons while delivering the bail ruling delivered on September 23, 2021. Some reasons (for denial of bail) were not based on law or facts.”
The application further argued that the court is an neutral arbiter and should now be influenced by the media and public reporting while handling cases that attract public attention.
Kinuthia argued in his supporting affidavit that some reasons that led to his denial of bail were irrelevant. It included reasons such as, the court had attracted wide media coverage and the public would be concerned if he was released on bond or bail.
He further argued that he is facing a serious offence and any acts of biasness are prejudicial to him. He said being young, he may be sentenced to life imprisonment not based on evidence but by the court’s views as displayed when delivering bond.
The court however ruled that the denial of bail was because circumstances which had earlier led to his denial of bail had not changed.
Kinuthia’s case comes barely a month since Martha Koome (Chief Justice) ordered Justice Githinji to give a priority hearing to the murder case. In her letter, she direçted Githinji to have the hearing completed beforer October 1.
