Jubilee secretary-general Raphael Tuju has petitioned the Judicial Service Commission (JSC) to sack a judge presiding over a case involving his company and regional lender East African Development Bank (EADB).
In a petition before the JSC, Tuju accuses High Court judge Mary Kasango of siding with EADB in her handling of the dispute over a Sh1.6 billion debt.
Tuju’s firm, Dari Ltd, was placed under receivership in January over debt owed to EADB, although the politician has appealed the decision.
“Throughout the proceedings in this matter, the judge has exhibited favouritism towards EADB and bias against Dari Ltd and its directors. This is evidence from the judge’s failure to act judiciously in matters that prejudice Dari Ltd and its directors,” Tuju says.
Tuju’s lawyers Paul Muite and Paul Nyamodi Monday urged Justice Kasango to recuse herself from hearing contempt proceedings brought against their client, citing the petition seeking her removal.
The JSC petition says that the hurried manner in which the judge has proceeded to hear an application seeking to find Tuju and his children in contempt of court is indicative of bias against Dari and its directors.
Tuju argues that the judge is determined to find the directors in contempt of court on allegations they blocked EADB from taking control of a family property over the Sh1.6 billion debt.
The judge, he says, granted receivers access to his company and heard contempt of court proceedings without granting him and his children an opportunity to be heard.
The politician claims the judge also doubted whether he would comply with a directive of the Court of Appeal requiring Dari to deposit Sh50 million in court as a condition for stopping the bank from auctioning his property.
“The judge seems to have somehow acquired a personal stake in the matter and determined to ensure that we do not have our day in court,” he says.