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Why Judge pulled out of Millie Odhiambo’s case on Uhuru rant

A judge has disqualified himself from hearing a case in which Mbita Member of Parliament Millie Odhiambo is seeking to stop her impending arrest by the police.

The police have been looking for the legislator after she allegedly made remarks targeted at the President.

On Thurday, High Court judge James Wakiaga said he was not willing to hear the case because Ms Odhiambo is his MP. He directed that the matter be handled by another judge.

The judge also directed that the MP, in the company of her lawyers, appear before the officer in charge of Parliament Police Station to record a statement and get further directions on the offence the police are seeking to prefer against her.

“I direct the MP to present herself at Parliament Police Station to record a statement. She will also be given directions on her application to be released on bond,” ruled Justice Wakiaga.


Ms Odhiambo, through lawyer James Orengo, agreed to comply by presenting herself as directed while State Prosecutor Moses Omirera said there will be no need to arrest the MP if she cooperates with the police.

The application by Ms Odhiambo seeking to stop her arrest could not be heard yesterday after Mr Omirera protested that the Director of Public Prosecutions (DPP) had not been notified of the case in advance so as to file a response.

The MP sought to stop her arrest claiming she has been receiving threats through calls from strangers and was therefore apprehensive she may be arrested anytime and charged with undisclosed offences.

However, Mr Omirera on Thursday said: “I am unable to participate in these proceedings since we had not been served in time. I need to take directions from the DPP on how to proceed with this matter.”


The prosecutor said having been made aware of the case only Thursday, he wanted to be granted more time so as to establish which police station was handling the case and the reasons why the MP was being sought for arrest.

He said it was not clear whether the Inspector-General of Police and the Interior Cabinet Secretary, who have also been sued, had been notified of the case.

Mr Orengo, whos is also the Siaya Senator, said they were unable to serve the IGP and the Interior CS with the suit papers.

The case will be heard by another judge on January 10.