The High Court of Kenya has dismissed an application by Sarah Wairimu, charged with the murder of businessman Tob Cohen, seeking to have Diana Kavedza recuse herself from presiding over the trial.
Wairimu claimed that Justice Kavedza was biased and asked her to step aside from the case.
However, in a ruling delivered in court, Justice Kavedza found no evidence to support claims of personal interest or potential unfairness in the trial.
“Having carefully considered the application, I am not persuaded that there exists bias in this matter,” the judge stated.
The court emphasized that the burden of proof rests on the accused to demonstrate bias, noting that mere allegations are insufficient to warrant recusal.
Justice Kavedza also clarified that the court cannot nullify ongoing proceedings without proper legal grounds.
With the application dismissed, the murder trial against Wairimu will proceed before Justice Kavedza.
