Chief Magistrate Douglas Ogoti has recused himself from the ongoing corruption case in which Samburu Governor Moses Lenolkulal and 13 others are accused of embezzling Ksh84 million.
Ogoti recused himself from the trial on Thursday, after the suspects accused him of bias for fining them a high bail and bond explaining that those terms prejudged them.
While delivering the ruling, the magistrate acknowledged that he would not cling to the case even though his conscience was clear.
“I’m just the head of the anti-corruption case and there are other people who can handle the matter. I have deferred the case to magistrate Lawrence Mugambi. The suspects should be remanded in custody until that time,” stated the judge.
Ogoti made headlines on Tuesday when he issued the governor with the highest bail and bond terms in Kenyan history.
He slapped the suspect with a cash bail of Ksh100 million and an alternative of a Ksh150 million bond plus one surety of the same amount.
Displeased by the terms, the governor appealed for a reduction in the High Court and Judge Mumbi Ngugi reduced the bail amount from Ksh100 million to Ksh10 million.
Ngugi went ahead to term the Ksh100 million bail handed to the county head as excessive.
The Samburu Governor's appeal also saw the court reduce the Ksh150 million bond to Ksh30 million with one surety of a similar amount.
The judge indicated that the high bond and bail terms may as well amount to a denial of bail.
"At any rate given, the nature and circumstances of the case and the penalty provided in law, it is my view that the bond terms imposed on the applicants are excessive," ruled Ngugi at the time.
