Judge dismisses bias claims in case
What you need to know:
- Mrs Butt had claimed she was suffering injustice and frustration from a chief, lands office and Ms Odero. She wanted the CJ to direct the matter to be heard by a judge in Nairobi.
- Mrs Butt and her mother Roselinde Gudrun Ostertag want the court to grant them letters of administration for preservation of the estate.
A judge has dismissed a petition by the widow of slain Mombasa tycoon Shahid Pervez Butt seeking her withdrawal from hearing an inheritance case over alleged bias.
Mrs Regine Butt is fighting for control of the Sh5 billion estate belonging to the late businessman.
The applicant has written to Chief Justice Willy Mutunga requesting that the case be heard by a judge in Nairobi.
But Justice Maureen Odero Monday ruled that the case will go on as scheduled. “Having decided to litigate her case in court, Mrs Butt must be prepared to let the legal process take its course,” said the judge.
“The request to have the file forwarded to Nairobi has no basis since the deceased was a resident of Mombasa and his wives and children also live here,” added Justice Odero.
“The succession case is properly before the High Court in Mombasa. Even if, for some reason, I am unable or unwilling to hear the matter, the court has several other competent judges to take over,” said Ms Odero.
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“The court is under obligation to deliver justice to all parties who appear before it. Where a party feels aggrieved by orders made in court, the procedure is to seek a review.”
“To engage in tantrums and threats does not in any way advance the course of justice. This application, therefore, is nothing short of forum shopping. There is no bias by myself either for or against any party in this case.”
Mrs Butt had claimed she was suffering injustice and frustration from a chief, lands office and Ms Odero. She wanted the CJ to direct the matter to be heard by a judge in Nairobi.
The fact that the court declined to issue interim orders as asked by Mrs Butt was not due to any bias, said the ruling.
“It is a procedural requirement in all succession matters that a petition for letters of administration be accompanied by a letter from a local chief confirming the names of the beneficiaries to the estate,” said Ms Odero.
Mrs Butt also wants all proceedings undertaken and orders issued by Ms Odero annulled.
She also wants a law firm representing the defendants disqualified.
Mrs Butt and her mother Roselinde Gudrun Ostertag want the court to grant them letters of administration for preservation of the estate.
They are also seeking an order prohibiting the deceased’s son, Mr Haroon Shahid Butt and his mother Akhtar Shahid Butt from accessing the properties.
