Judge declines to step aside in Magogo election case
Mulire wants a review of the judgment in which Justice Kinobe dismissed his appeal against his denomination. Mulire said his denomination resulted into the election of Moses Magogo as the Budiope East MP.
Budiope East MP Moses Magogo. (File photo)
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High Court judge Simon Peter Kinobe has declined to step aside in the case in which disqualified Budiope East Member of Parliament (MP) hopeful, Daniel Mulire, is seeking a review of his earlier judgment in the matter.
Mulire wants a review of the judgment in which Justice Kinobe dismissed his appeal against his denomination. Mulire said his denomination resulted into the election of Moses Magogo as the Budiope East MP.
Delivering his ruling today (October 26, 2026), Justice Kinobe said Mulire had failed to offer a single ground for his recusal.
“In summation, I decline to recuse myself from this case, and I will give you a formal ruling electronically,” Justice Kinobe said, adding, “You cannot say that because I wrote the earlier judgment, which you claim was bad, that I should recuse myself from your case. This cannot be a ground for my recusal. So, let us proceed to the main case.”
A judge’s loyalty, Kinobe said, is not to his own decision but to the law and facts. “Therefore, your fear is misconceived,” the judge said.
“My lord, the applicant wants you to recuse yourself from this case because you gave an erroneous judgment in the matter and he has reasonable fear of miscarriage of justice,” submitted Mulire's lawyer Steven Philicano.
In his application for review, Mulire wants Magogo’s election as Budiope East MP set aside and a fresh election held.
Mulire, a former police officer, argued that the Electoral Commission (EC) illegally removed him from the race.
Background
However, on November 14, Ibrahim Yeko, a registered voter in the constituency, lodged a complaint asking the commission to disqualify him from the race over failure to prove resignation from the police force 90 days prior to his nomination as provided for under the law.
On December 23 last year, EC denominated Mulire, prompting him to lodge an appeal to the High Court.
In his judgment, justice Kinobe dismissed Mulire's appeal, noting that while candidates are not required to attach letters of resignation to their nomination documents, he (Mulite) failed to offer any satisfactory explanation for not presenting evidence of resignation during the EC hearing.
The judge said for resignation to be effective, a candidate must demonstrate that all requirements for acceptance must be met.
“This resignation letter should be stamped by an employer as proof of receipt and date of resignation to indicate fulfillment of the 90-day requirement,” Kinobe noted.
After hearing the main case, Justice Kinobe said he will deliver his judgment in the matter electronically.