Judge declines to recuse himself from graft case involving Privatization Commission CEO

NAIROBI, Kenya – On September 18, 2026, Milimani High Court Judge B.M. Musyoki decided not to recuse himself from a corruption case involving Janerose Sande Omondi, James Ambuso Omondi, and two other defendants. The defendants had filed a motion seeking his removal from the case, claiming he had shown bias due to his handling of the proceedings.

Judge Musyoki rejected the motion, stating he saw insufficient evidence to justify his withdrawal from the case. The defendants argued that the judge's decisions and directions during the trial raised concerns about the fairness of the trial, citing several specific instances where they believed the judge had acted improperly. However, the judge dismissed these concerns, explaining that his actions were based on the court's discretion and not influenced by any bias.

He emphasized that the pending appeals did not prevent the court from proceeding with the case, as there was no order to stay the proceedings. Judge Musyoki also noted that the defendants had not provided enough evidence to demonstrate bias or a conflict of interest, reinforcing his decision not to withdraw from the case.