This archive report was first published on 27 July 2019.
Published on July 27, 2019, three judges who recused themselves from hearing a Sh70 billion wind power project case have explained their decision.
Justices Boaz Olao, Enock Cherono, and Lady Justice Lucy Mbugua said they were questioned by lawyer Roger Sagana, who used intemperate language and disparaging remarks while addressing them.
The judges claimed that Mr. Sagana implied they would be biased in the judgment, accusing the court of taking sides with the interested parties represented by lawyer Patrick Kiprop.
According to the judges, Mr. Kiprop had claimed that a video clip of his witness testifying in court was being circulated on social media platforms, putting the witness's life in danger.
As a result, the judges ejected members of the public, including Marsabit Senator Godana Hargura, county speaker, and a ward representative, from the court, leaving only judges, lawyers, and clerks.
Ms. Cecilia Ekeno, an interpreter, also claimed she was threatened by some of the people pursuing the matter.
Following the ejection of members of the public, Mr. Sagana filed an application seeking the adjournment of the case.
The judges explained that they had ejected people from court since the other alternative to establishing the origin of the video was to ask the police to investigate, which would have delayed the matter for long.
They said they were keen to conclude hearing all the witnesses before Mr. Sagana made the harsh attacks.
"This court considers it to be scandalous when counsel refers to it as a court for the 'interested parties', a court acting as 'investigator and prosecutor' a court that acts at the behest of one party and a court that acts in a casual manner," the judges concluded.
