Sacho High Principal accuses judge of bias, demands she withdraws from case

NAKURU: Sacho High School Principal Richard Moindi wants Justice Abigael Mshila to withdraw herself from a case in which the school has been sued for expelling six students.

Mr Moindi alleged the judge was biased and had set her mind to sentence him unfairly on allegations of sub judice over a news story aired by a local TV reacting to her judgment.

Last Friday, Moindi was detained in Nakuru Court cells for three hours because of what the judge termed "to keep peace" but later changed to 'for good behaviour", and had to raise Sh750,000 cash bail to secure his freedom.

The principal, through lawyers Tom Ojienda and Leina Morindat, also wants Justice Mshila to disclose the source of the video clip aired on TV, which is now the basis of the case.

The judgement delivered on May 20 required the school's management to provide accommodation, transport, food and security to six Form Four students residing outside the school premises over indiscipline cases. One of the parents (petitioners in the case) challenging the decision by the school to subject the students to disciplinary action is a judge.

In the case filed Thursday, Moindi also wants the judge to be cross-examined on the content, source and admission of the electronic evidence, which they argue should not give rise to sub-judice as it happened after the judgment had been delivered and hence was open to criticism.

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This, according to the affidavit by Morindat, will require the judge to withdraw herself and the matter be placed in a different court for fair hearing and determination.

The judge has been faulted over the manner in which she obtained and admitted the clips as evidence and allowed the lawyer for the parents of the students facing disciplinary action to commence contempt proceedings. According to the two lawyers, none of the parties moved to the court to produce or show the video clips and the alleged sub-judice did not happen within the precincts of the court.

"The video clip shows that the reporter also spoke to parents and counsel for the parents of the students who have challenged the expulsion and parents but the judge became adamant that it was only the principal," the lawyers stated.

Moindi had sworn an affidavit of compliance and apologised on May 28 and also personally appeared for the same but the judge went ahead and detained him, according to filed affidavits.

"On May 29 the judge clearly indicated the court had made its verdict on the side of sub judice and the court to make a finding of guilt and thereafter sentence was to be passed showing outright bias contrary to principles of natural justice," argued Morindat.

The court will hear the petition on June 11.