Mathe Wa Ngara has accused the magistrate who denied her bail of being bias and asked her to recuse herself from the case.
In an application filed in court, Nancy Kigunzu also known as Mathe Wa Ngara has asked magistrate Njeri Thuku to recuse herself from the case.
Through lawyer Danstan Omari, Mathe says the magistrate lacks impartiality and has already made up a biased position due to her bail ruling issued weeks ago.
According to court documents, the magistrate ignored the right of presumption of innocence of the accused by holding that the two were a flight risk given their involvement in the criminal enterprise of drug trafficking.
Omari argues that the court has already made a finding on the accused innocence notwithstanding that the trial has not started yet.
“The Magistrate’s reasoning was biased, premature, misguided, erroneous, condemning the Applicants who are not only presumed innocent, but have not been tried nor convicted,” reads court papers.
He also questioned why one of the co-accused in the case Teresia Wanjiru was granted bail while Nancy and her son were denied when the prosecution had opposed bail for all the three accused persons.
“The Magistrate proceeded to grant bail to Wanjiru, citing her infirm health and advanced age as grounds for such action. It is pertinent to underscore that Kigunzu surpasses her co-accused in age and infirmity, yet was not accorded the same privilege of bail..,” he argued.
