Nazlin’s demand for new judge rejected
What you need to know:
- Former presidential candidate fails in bid to have Justice Magara out of case
A judge has refused to disqualify himself in a case between former presidential candidate Nazlin Umar and businessman Madatali Chatur.
Ms Umar, who claims Mr Chatur is her husband, on Thursday asked High Court Judge David Magara to disqualify himself because he had declined to order Mr Chatur to pay her monthly maintenance of Sh2.2 million.
“I am asking you to disqualify yourself and place the case before another judge within this week,” Ms Umar told Justice Magara.
Meet obligations
She says she married Mr Chatur under the Islamic law in September last year, but he has refused to meet his obligations as a husband.
Ms Umar, who is representing herself in the case, complained that she had adhered to the directions issued by the judge during her initial appearance but he allowed the case to be adjourned on the request of Mr Chatur.
Lawyer Mwangi Kigotho representing the businessman told the court he had not filed a response because Ms Umar’s application is voluminous and he required more time to go through it and prepare his case.
The judge then allowed the application and directed that the case be heard on November 17 but Ms Umar protested accusing Mr Maraga of bias.
“I have no matrimonial home, I have no money, I have been assaulted by my husband, and I have four children to take care of .The courts cannot protect me? It is not fair,” Ms Umar said.
Justice Maraga in a brief ruling said he could not stop handling the case because Ms Umar’s reason for seeking his disqualification was not sufficient.
Subversion of justice
“If judges were to disqualify themselves because of ruling against parties, then that is subversion of justice. As a matter of principle, I refuse to disqualify myself,” the judge ruled.
Ms Umar filed the case last week seeking Sh280 million for maintenance and dowry from Mr Chatur.
She is also claiming part of properties and business interests owned by Mr Chatur.
When he married her, Ms Umar alleges, Mr Chatur took over all her liabilities and responsibilities including care and support of her children.
But Ms Umar says she and the children are undergoing extremely difficult times as they were used to a high status of life.
