Two suspects in the murder of Rongo University student Sharon Otieno want Justice Jessie Lessit to recuse herself accusing her of bias.
The two, Michael Oyamo and Casper Obiero, argued that comments by Judge Lessit show they will not get a fair trial.
The two claimed the judge applied different standards in releasing Migori Governor Okoth Obado on bail and denying them the same, reports the Nation.
While denying the two bond, the soft-spoken but tough judge said the release of the two was likely to disturb public peace.
They, however, appealed the decision and it was overturned by the Court of Appeal.
“From the foregoing, it appears the court has a preconceived mind about my involvement in this case,” Oyamo said in a sworn statement.
The lead prosecutor in the case Catherine Mwaniki, however, has opposed the calls for the judge to quit.
She said the two had not shown that the judge has exercised bias to them.
Judge Lessit is known within the corridors of justice as a soft-spoken but firm advocate of the law.
She handed prison beauty queen Ruth Kamande a death sentence for killing her boyfriend.
“In my view, the discretion to pass a sentence other than death in capital offences should only be exercised in deserving cases. I do not find this a deserving case and I think passing any other sentence than the one prescribed would turn the accused into a hero,” she said.
“I want young people to know that it is not cool to kill your boyfriend or girlfriend even where you feel disappointed or frustrated – don’t do it. Instead, it is cool to walk away and thereafter to forgive,” she added.