Veteran lawyer John Khaminwa has on Tuesday, March 16, withdrawn from representing former Nairobi Governor Mike Sonko in his Sh10 million graft case.
While addressing the media outside the court, Khaminwa said he withdrew from the matter after the trial magistrate Douglas Ogoti declined to allow his application to adjourn the case to get proper instructions from Sonko before the matter can proceed for further hearing.
The lawyer claimed that he has not received all the evidence documents in the case to prepare for the defence of the former governor before the protected witnesses in the matter can proceed to testify.
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"l have disqualified myself from the matter since l think l will be of no help to the former governor in the case as I do not have all the evidence documents and proper instruction from him," said Khaminwa.
The Senior Counsel accused the magistrate of bias by denying the defence more time to prepare the case, adding that the ongoing trial against Sonko is unconstitutional.
Further, Khaminwa accused the magistrate of barring the media from covering the matter on Tuesday.
However, the high court early last year allowed the prosecution witnesses to testify behind closed doors. So far, 10 protected witnesses have testified in the case.
Khaminwa was hired by Sonko to replace his former legal team led by Cecil Miller and George Kithi after they were fired in December 2020.
On Monday, March 15, Ogoti issued orders to have Sonko appear in court in person for the hearing of his case after he skipped court earlier.
Meanwhile, Khaminwa revealed that the former governor has petitioned the Judicial Service Commission over the handling of the trial by Ogoti.
In his letter, Sonko accused the trial magistrate of bias, working at very odd hours, and alleged failure to give his team an opportunity to cross-examine state witnesses.
"That the conduct of the magistrate is one that is contrary to the principle and l call upon the commission to investigate the conduct of the magistrate and thereafter take appropriate disciplinary action, " read the letter in part.
During the retrial of the case, Ogoti issued orders directing the court to not allow new applications either for adjournment or change of advocate during the date scheduled for hearing of the main suit.
The court had also advised the defence and the prosecution that any application should be made before the hearing of the case.
Ogoti had earlier informed the parties in Sonko's Sh10 million corruption case that the former Chief Justice David Maraga had issued a circular allowing all anti-corruption courts to proceed with the hearing of the cases beyond the normal working hours.
Now only Assa Nyakundi and Wilfred Nyamu will continue representing Sonko in the corruption case.
Sonko is fighting claims that he demanding a Sh10 million bribe from Web Tribe Ltd through ROG Security Limited as an inducement to facilitate payments by the Nairobi County government.
Web Tribe Ltd had been contracted by the Nairobi City County Government for six years ago to collect revenue.
The former governor is said to have committed the offense between January 10 and 19, 2019 within the city.
