Turkish tycoon, Elsek Osman, on Wednesday, September 4, managed to have a magistrate excuse herself from his case over what he termed as being biased and malicious.
Chief Magistrate Julie Oseko, based at the Malindi Law Courts, recused herself from a case in which the tycoon is charged with defiling a minor and child prostitution.
Daily Nation reported that the magistrate was accused of disrupting court proceedings by surfing the internet, chatting on her mobile phone.
In a petition to the JSC, Osman also stated that at one time she walked out of the courtroom to receive a phone call during proceedings.
The accused also claimed that the magistrate’s lacked concentration resulting in gaps in the court proceedings and distortion of testimony.
Osman wants the case moved to a different court, claiming that Oseko had influence over the courts at the Malindi station.
The 54-year-old's advocate, Daniel Wamotsa, also stated that the judge was not attentive while handling the matter.
An advocate representing witnesses and the Commission for Human Rights and Justice, Maurice Mkan, affirmed that court records written by the magistrate did not give a true account of what the witnesses testified.
Detectives from the Directorate of Criminal Investigations (DCI) arrested Osman on January 2019 after he was accused of defiling three minors.
He faces eight counts of an indecent act with children.
