Kakamega Senator Boni Kwalwale wants a case in which Nairobi Governor Evans Kidero has sued him for defamation referred to another judge.
Dr Kwalwale, through lawyer Ahmednasir Abdullahi, accused Justice Joseph Sergon of favouring Dr Kidero and demanded that he stops handling the matter.
He claimed the judge had shown open favouritism to the governor’s lawyer and was likely to be unfair to him.
“We want this matter referred to another judge.
“All points we are raising are not being recorded. It is like our submissions are not being valued,” said Mr Abdullahi.
But lawyer Tom Ojienda for Dr Kidero, wants Mr Ahmednasir stopped from handling the case claiming he is likely to be summoned as a witness.
Prof Ojienda said Mr Ahmednasir is sitting as an arbitrator in a dispute between Mumias Sugar Company and the Mumias Outgrowers Company Ltd hence cannot play the role of counsel.
Dr Kidero filed the case over remarks he claims Dr Khalwale made during a presidential function in Mumias linking him to the collapse of the miller where he served as MD.
However, Dr Kwalwale maintains having been the MD, Dr Kidero liable for the down fall of the company.
DENIED MISREPRESENTING FACTS
However in his court papers, Dr Khalwale denied ever misrepresenting facts about the Governor saying that upon investigations, he had established that there was mismanagement related to financial misappropriation, cane poaching, and fraudulent disposal of property, which were dubious in nature.
Dr Kidero has in his court papers said that Dr Khalwale never sought his opinion before making the remarks.
He added that all payments to the company were being made to the company accounts under the supervision of the financial director and that at no time has the company ever accused him of financial misappropriation.
He said that that the profits Dr Khalwale alluded to in his defence was a confirmation that he improved the company’s financial wellbeing during his tenure.
“If indeed Mumias was as successful as alleged before I joined, Dr Khalwale should have produced the audited and published financial statements for the company since inception,” Dr Kidero.
Hearing was set for September 3.