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Environment and Lands Judge Sila Munyao has recused himself from hearing the ongoing hearing of the Mau Forest evictions case.
Through lawyer Kimutai Bosek, a group of petitioners challenged the judge's ability to remain objective through the hearings citing a conflict of interest involving the judge's wife.
The petitioners noted that Ms Linda Chepkorir Ruto Munyao, Justice Munyao's wife, was involved in preparing a report which will be used by the prosecution side.
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Justice Sila Munyao (centre) recuses himself from Mau evictions case over wife's involvement
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"We find ourselves in a situation where we cannot stand to interrogate the conduct of the members of the taskforce with one being a wife to the presiding judge. We request that the honourable judge recuse himself from the matter due to the apparent conflict of interest," the lawyer stated in court.
CJ Maraga constituted the bench in 2018
The recusal comes after eight witnesses lined up in the trial had already testified.
Chief Justice David Maraga constituted the three-judge bench in 2018 where Justice Sila served alongside Justices Mohamed Kullow and John Ongondo.