Justice John Onyiego on Thursday, July 23, recused himself from hearing a corruption case against Nairobi Governor Sonko.
His disqualification comes after Lady Justice Mumbi Ngugi disqualified herself in January, 2020.
Sonko had moved to the High Court seeking to have orders restraining three judges, Justices Mumbi, John Onyiego and Ngenye Macharia from hearing his ongoing anti-corruption case alongside his pursuit to access City Hall offices.
The Nairobi Governor argued that the judges were biased against him following an earlier ruling barring Samburu Governor Moses Lenolkulal and former Kiambu head Ferdinand Waititu from accessing their offices.
He further claimed that Justice John Onyiego, being the head of the Appellate Court, would tilt his judgment in favor of the previous ruling.
“All the cited judges in the division by their stated pronouncements and conduct have created in my mind the irresistible impression that they have taken the position of and in defense of the state organs so far as the scope of section 62 is concerned,” Sonko stated.
Sonko later moved to have the Ksh357 million graft case dismissed, which was denied by the court. The embattled governor had asked the court to quash the case arguing that the Ethics and Anti-Corruption Commission had obtained evidence against him illegally.
Sonko's lawyers argued that the manner in which evidence was obtained from his bank accounts was illegal and in contravention of the constitution as Sonko was not aware of the investigation into his accounts.
EACC, however, defended itself by stating that the governor was informed of the probe into his accounts on Septemeber 3, 2019.
The EACC had fought against the governor's efforts arguing that Sonko wanted to obtain orders against prosecution "through the back door".
The County head was arrested in December 2019 in Voi over the loss of Ksh357 million shillings that belonged to Nairobi county.
Sonko is accused of irregularly awarding tenders to his close aides, forging documents and misappropriating county funds.
