Were's murder case: Why LBDA director Ebel Ochieng is seeking magistrate's recusal

There was a spirited fight at the JKIA Law Courts on Friday as a team of lawyers representing Lake Basin Development Authority Director Ebel Ochieng, also known as Dave Colo, clashed with the prosecution over an application seeking the recusal of the presiding magistrate from the case.

The defence team, led by Danstan Omari, Cliff Ombeta, and Sam Nyaberi, brought proceedings to a standstill, stating they were not comfortable with Principal Magistrate Irene Gichobi presiding over the case against Ochieng and co-accused Edwin Oduor.

The two were arrested on Wednesday after being identified by police as persons of interest in the murder of Kasipul Member of Parliament Charles Ong’ondo Were.

During their submissions, the defence lawyers expressed their client's dissatisfaction, arguing that the court appeared biased.

In his submissions,  Omari said the case before the court involved the assassination of the late MP and noted that the magistrate had previously granted a request by the investigating officers to detain other suspects for 30 days.

"Your Honour, there cannot be two different rulings from the same court arising from the same facts and involving the same subjects," Omari argued.

He urged the court to disqualify itself, saying the number of days previously granted for detention created the perception of a pre-determined outcome.

"The first respondent (Ochieng) says he is not comfortable with this court handling the matter," Omari added.

Nyaberi echoed this view, submitting that the first respondent believes the court is not impartial and may not deliver a fair ruling.

"The question being raised is whether this court can truly be impartial in its decisions," he said.

Ombeta added that it would take courage and integrity for the magistrate to recuse herself, allowing the matter to be handled by another judicial officer.

However, the prosecution argued that the magistrate was within her rights to continue hearing the case, as there was no evidence of bias.

Magistrate Gichobi is expected to deliver a ruling on the recusal application on Tuesday next week.

Meanwhile, the case against the late MP’s bodyguard Allan Omondi Ogolla, his driver Walter Owino, and another suspect will proceed as scheduled.

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