A magistrate has declined to disqualify himself from a divorce case involving prominent Rift Valley politician cum farmer Jackson Kibor.
Eldoret Senior Principal Magistrate Charles Obulutsa dismissed the application by Ms Josephine Jepkoech stating that the defendant has not given sufficient reason to warrant the court to disqualify from hearing the case.
He said the defendant’s lawyer Amos Magut has been making numerous applications in court to postpone the case citing disorganisation of diary ever since the hearing of case started last year.
He was making the ruling in an application filed by Mr Magut, who is representing Ms Jepkoech.
The lawyer had alleged in the application that the magistrate was biased against his client and had made some comments which made the defence uncomfortable.
“This honourable court has in the past made some statements which appeared in the print media which shows that you are biased against my client and I would not wish the same court to continue hearing the matter,” argued Magut.
The lawyer cited an incident last December when his client declined to testify in court against her husband on the divorce case on the grounds that she was feeling well.
Mr Kibor’s lawyer, Waziri Omollo, faulted the defendant for trying to delay the hearing of the case on flimsy grounds in an attempt to defeat justice.
The politician filed for divorce accusing his wife of desertion, cruelty and interfering with his ownership of an 800-acres land in Kipkabus, Uasin Gishu County.
He told the court that he has not spent time with the defendant for more than 30 years and is praying to the court to cancel their marriage certificate which was issued in 1965.
Kibor, who said he has four wives, told the court that Ms Jepkoech, his second wife, never allowed him to return to their matrimonial home and has been arrogant, disrespectful and hostile to him.
The magistrate adjourned the case to March 22.