Philip Moi loses bid to have judge out of case

Former President Daniel Moi’s son Philip Moi has lost a bid to have a judge disqualify himself from a divorce case with his estranged wife, Rossana Pluda Moi.

Justice GBM Kariuki ruled that he is not a “timorous soul” afraid of making decisions.

“As long as I know that I have understood the evidence and the facts and that I have applied the law correctly, my conscience is free.

“There should be nothing to fear because the court shall be fair to all parties,” he said.

Mr Moi had raised reservations of Mr Justice Kariuki handling the case citing strained relations between the judge and his father when he was the President. (READ: Court orders Moi son to increase allowance)

He argued that the judge might not be fair to him because of the disagreements with the former President on governance and policy, and being imprisoned for contempt of court for comments related to the former President.

In dismissing Mr Moi’s application, Mr Justice Kariuki said that he harbours no ill-will against the former President, and that he carries no baggage in terms of bitterness.

“My disagreements with Mr Moi were not of personal nature. I was heading an institution on whose behalf I spoke and the allegations that I am bitter because I was imprisoned is misplaced and untrue,” he said.

He ruled that the matter is of public interest, and that courts must be guided by the principle that justice shall be done irrespective of a person’s status.

No proper basis

He said that judges are enjoined to ensure that they do not only act fairly but also ensure fairness. He said he could not be partial and still hear a matter.

He ruled that there is no proper basis for the alleged fear by Mr Moi, and that if he harboured any ill-feeling against the former President he would have forgiven him.

Mr Moi filed the application a week after he was ordered to increase the monthly allowance of his estranged wife from Sh60,000 to Sh250,000.