A Nakuru-based businessman embroiled in a property ownership court battle with a higher learning institution now wants a judge to be disqualified from handling the case.
Mr Benard Mwarania has filed an application in the high court asking that Lady Justice Abigail Mshila be disqualified from hearing the property dispute involving his company, Step-up Holdings and Mount Kenya University, citing fear of conflict of interest.
Mr Mwarania argues that he is apprehensive that full justice could not be granted on his suit pending before the Nakuru high court.
The petitioner has also written to the Judicial Service Commission (JSC) asking that Justice Mshila be dropped from presiding over the petition.
The petitioner averred that that the judge might not make an objective judgment on the case as she has an alleged interest in the case.
In the major suit, the private firm has sued Mount Kenya University Trustees and its chairman Simon Gicharu over bank accounts interference and ownership of the institution’s Nakuru campus.
Mr Mwarania, alongside co-director Margaret Karwirwa, in the suit argue that they lost hundreds of millions of shillings and further had their accounts at Family Bank frozen leading to huge losses.
The directors of the firm further accuse the trustees of MKU of breach of contract signed between the company and the higher learning institution.
On the other hand, the university trustees have accused the private firm directors of usurping power and fraudulently opening and running accounts in the name of Mount Kenya University.
The court will deliver a ruling of the application on July 31.