Judge Stands Firm: Ksh.30M Graft Case Against Ex-Kenya Pipeline Chief Charles Tanui Continues
High Court Judge Nixon Sifuna has refused to step down from overseeing a request to reconsider a magistrate’s court ruling that refused to dismiss a corruption case involving former Kenya Pipeline Managing Director Charles Tanui and two additional individuals.
The Director of Public Prosecution applied after trial magistrate Victor Wakumile’s refusal of a prior plea to drop charges against the defendant.
In his ruling, Justice Sifuna faulted the DPP terming the application and the move seeking to withdraw the case as “forum shopping and blackmail.”
“I dare that this application is among its other intentions a forum shopping scheme that should not find the glorification of whatever color,” reads the ruling.
The prosecution, in their application, contended that they opposed the review of Wakumile’s decision being brought before Justice Sifuna, citing that he had previously dismissed a similar application.
In declining to recuse himself from hearing the application, the judge said that recusal of a judge cannot be based on a litigant’s “mere displeasure, whim, or unfounded apprehension.”
“Where the plea for recusal is based on apprehension such as in this application, the apprehension must be reasonable, honest, logical, and objective and must be based on solid facts,” reads the ruling.
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According to the court, granting DPP the wish will “spell doom for the judicature and will be a death knell for judicial independence and judicial integrity.”
The application to have the matter be heard by a three-judge bench was also dismissed with the judge stating that an application for review does not require “extra pairs of eyes or extra minds or additional wisdom.”
“Honestly a revision application will, honestly require additional pairs of eyes or additional minds and wisdom not posed by a single judge,” ruled Justice Sifuna.
In 2020, Tanui, Elias Maina Karumi (previously the Chief Manager-Technical), and Josephat Kipkoech Sirma (previously the Chief Electrical Engineer) faced charges for violating procurement laws by approving payment of Euros 261,070 (equivalent to Ksh.31,987,584) to Redline Limited for three autotransformers on February 18, 2014.
The court was informed that Karumi misused his position by granting an advantage to Redline Limited through the approval of a payment amounting to Euros 8,695 (equivalent to Ksh.1,065,354) on the same day.
Sirma was charged with falsely signing a Material Arrival Advice Note/Inspection Report, claiming it to be authentic, and certifying that the work for the tender awarded to Redline Limited had been satisfactorily completed, without proper authorization.
Judge Stands Firm: Ksh.30M Graft Case Against Ex-Kenya Pipeline Chief Charles Tanui Continues
