A Nairobi lawyer representing a victim in an assault case against former Tetu MP Ndung'u Gethenji has asked Milimani chief Magistrate Martha Mutuku to recuse herself in the matter.
Prof George Wajackoyah on Wednesday told the magistrate that they were not happy with the way she was handling the matter and requested her vacate the plea taking of Gethinji.
Lawyer Ishmael Nyaribo representing Gethinji however opposed to the the application saying Wajackoyah had not shared the letter written to Mutuku complaining on her conduct.
The case was coming up for plea taking where Gethinji is accused of beating up Godfrey Mutua, a Kihingo security guard on February 5.
His lawyer had requested the court to defer the plea saying they had requested the DPP to review the file before he is charged.
"Your honour we are seeking for two weeks to have the DPP go through the file and review the evidence before him. Whether it comes back positive or negative we will proceed with the case", the lawyer said.
The DPP through prosecution counsel Anderson Gikunda did not oppose as he confirmed receiving a letter from Gethenji's lawyer dated March 18 seeking for file review.
Earlier this month, the plea was also deferred after his lawyer told court that Gethinji was sick.
He was to plead to the charges before a Milimani law court but failed to appear.
"Your honour I will be seeking for an adjournment since I learned this morning that my client is sick and in a hospital bed," lawyer Ishmael Nyaribo told the court.
Mutuku however stayed the plea proceedings and directed Wajackoyah to file a formal application before court on her recusal.
The case will be mentioned on April 12
