Mathe Wa Ngara now says she will make an application before court for the magistrate who denied her bail to recuse herself from the matter.
Through her lawyer Danstan Omari, Mathe Wa Ngara says they will also file an appeal at the high court to set aside the ruling denying her bail.
On Thursday JKIA Senior Principal Magistrate Njeri Thuku issued a ruling denying her bail saying it was not in the interest of justice to release her on bond.
However, Omari says as the legal team they will move with speed to set aside the orders on grounds that the magistrate had already made up her mind that Mathe was guilty.
“We shall be moving to appeal and set aside those orders in the ruling that the court because from it it seems the court has already made up its mind that our client is livng of priceeds of crime,” Omari said,
He further said they shall be making an application for Thuku to recuse herself from the case since she is biased and already has a predetermined mind.
Omari further says that if the magistrate continues to the case, then they are likely not to get justice and the matter should be taken to another court.
Also denied bail is one of Mathe’s teenage sons and the 16-year-old file has been taken to Milimani Children Court for further action.
However, the court has released Teresia Wanjiru who was charged alongside the other three on a Sh 50,000 bail even though the prosecution had asked that she be denied bail like the rest.
The prosecution had opposed her release on bail arguing that Mathe wa Ngara and her two kids are a poison to society and should not be granted bail.
The state argued that if released they may abscond due to the seriousness of the offense
However the defence had strongly opposed the application by the DPP arguing that bail is a constitutional right and they should be granted bail.
Mathe, her two kids and Teresia Wanjiru were charged with trafficking drugs worth Sh 18 million.
Mathe will now be remanded at Langata Women prison pending hearing of the case or further orders of the court.
