By: MAUREEN KAKAH
The son of former assistant minister Betty Tett moved to court on Wednesday, seeking to have a judge disqualify herself from the hearing of his death sentence appeal.
In his application, David William Tett does not want Justice Ngenye Macharia to preside over the appeal on grounds that proceedings are not being conducted fairly.
He argues that since Justice Macharia partially handled his trial before he was convicted, he will not be granted a fair verdict and that is why he wants her replaced.
Tett also wants the proceedings of the last hearing on November 2 and 3 repeated and a ruling issued.
The convict alleged that the judge denied his lawyer a chance to present evidence.
“I also feel the proceedings before the said judge were not impartial and lacked fairness. That is why I want an order issued to compel her to recuse herself from this matter,” said Tett.
In his appeal, he claims the then chief magistrate, Kiarie Waweru, sentenced him to death by relying on inconsistent and contradicting evidence that he violently robbed his foster father William Mulready Tett on September 6, 2011, without taking into account his defence.
He says the magistrate erred in upholding testimonies of witnesses he said were not credible and disregarded evidence of the defence that was acceptable and verifiable.
Tett also says he needs treatment.
SOURCE: DAILY NATION