Magistrate Rose Ndombi has recused herself from a corruption case involving former Kangema Magistrate Martin Kinyua Mutegi, citing their longstanding academic and professional association.
Ndombi said she and Mutegi studied law together, were admitted to the Roll of Advocates on the same day and later joined the Judiciary as part of the same cohort.
Although she said she had no personal interest in the matter and did not consider herself biased against Mutegi, Ndombi noted that the circumstances could cause a reasonable and informed person to question the court’s impartiality.
“Given my prior association with the second accused person, I consider it prudent, and in the interest of justice and to maintain public confidence in the impartiality and independence of the court, that I do not preside over this matter,” she said.
Mutegi is accused of conspiring with probation officer Julius Irungu to solicit a bribe in exchange for a favourable report and ruling.
Ndombi stressed that her decision was not an admission of bias or a conflict of interest, but a step to safeguard the integrity of the proceedings and public confidence in the justice system.
She directed that the case file be placed before Chief Magistrate Harrison Barasa for further directions and reassignment to another magistrate.