A Nairobi Anti-Corruption Court magistrate has withdrawn from a corruption case involving former Kangema Magistrate Martin Kinyua Mutegi, citing their previous academic and professional association.
Magistrate Rose Ndombi made the decision after considering her history with Mutegi, who is facing corruption-related allegations alongside probation officer Julius Irungu.
The two judicial officers have known each other for years, having studied law together before joining the legal profession. Ndombi said they were admitted to the Roll of Advocates on the same day and later entered the Judiciary as members of the same cohort.
Despite the connection, Ndombi maintained that she had no personal interest in the proceedings and did not believe that her association with Mutegi had made her biased against him.
She nevertheless said the circumstances required her to consider how an independent observer might view her involvement in the case.
Ndombi explained that judicial recusal is not only concerned with whether a magistrate is actually prejudiced. It also takes into account whether the circumstances could give a reasonable and properly informed person grounds to question the court’s impartiality.
The magistrate said she had therefore decided that stepping aside was the most appropriate course in order to protect the integrity of the proceedings and preserve public confidence in the justice system.
“Given my prior association with the second accused person, I consider it prudent, and in the interest of justice and to maintain public confidence in the impartiality and independence of the court, that I do not preside over this matter,” she said.
Ndombi subsequently ordered that she cease handling the matter and directed that the case file be placed before Court Number One for further directions and reassignment.
Mutegi is accused of conspiring with Irungu to solicit a bribe allegedly intended to secure a favourable report and ruling.
Ndombi’s decision to recuse herself did not amount to a finding that she was biased or that there was an actual conflict of interest. She said the decision was a precautionary measure aimed at ensuring that the proceedings remained beyond reasonable doubt in the eyes of the public.
The file was directed to be placed before Chief Magistrate Harrison Barasa for directions on its reallocation to another magistrate.
