Kilifi County governor Application dismissed by Malindi High Court
The Malindi High Court on Thursday dismissed an application by Kilifi Governor, Amason Kingi seeking the Judge to disqualify himself from handling a petition challenging his August 8 election victory.
The Malindi Resident Judge, Weldon Korir said the application to disqualify himself for being biased in handling former Labour Cabinet Secretary, Kazungu Kambi’s petition lacks evidence.
Justice Korir said although the application forms ground for appeal, Kingi has failed to lay evidence before the Court to prove that he is biased.
“It is only through analysing the rulings that he said I am biased. He seems unhappy with my two rulings delivered on October 31 but that shall not be the reason for me to disqualify myself,” he said.
Justice Korir said the governor has done a critique of the two out of the four ruling delivered on October 31, of which he was a beneficiary of one of the rulings to lay his claim of biasness.
In his application, Kingi had claimed the Judge issued two rulings in favour of Kambi indicating that “he is incapable of being fair, impartial and an independent referee in the petition.”
Kingi argued that Justice Korir’s ruling that allowed Kambi deposit security out of time without an application to extend the same formally or orally demonstrated his bias towards the petitioner.
“The trial Judge can no longer hold the scale of justice evenly and fairly between the parties in this petition since Justice Korir has tilted the scale of justice in favour of the petitioner,” stated part of the affidavit.
The governor, through lawyers, Ben Mosota and Ms. Aoko Otieno further says that the Judge predicted the two rulings to save the petition from being struck out as per the law.
“The decision of by the Judge to extend the time to deposit security is contrary to provisions of Article 87 of the Constitution, Section 78 of the Elections Act 2011 and Rule 13 of Election Petition Rules,” states part of Kingi’s application.
Kambi who has also sued the Independent Electoral and Boundaries Commission (IEBC) and County Returning Officer, Nelly Ilongo lost the August 8 gubernatorial election while competing on a KADU Asili Party.
Other than rescuing himself, the governor also wants Justice Korir to order the transfer of the file to Chief Justice, David Maraga to gazette and appoint another Judge to hear and determine the petition.
Already, the Justice Korir has struck out another petition against Kingi said to be receiving support from regional Jubilee point man, Gideon Munga’ro, who also lost gubernatorial election.
The Judge found out that the petition was filed out of time and ordered the petitioner, William Kahindi to pay the governor and his deputy the cost of Sh.600, 000.
By Simon Guruba