Justice Jessie Lessit has thrown out an application to have her recuse herself from the Sharon Otieno murder case.
Two of the accused persons Michael Oyamo, and Caspal Obiero had filed an application for the judge to disqualify her self from the case.
On Friday, Justice Lessit was adamant that they have not raised anything to prove claims of bias.
“He who alleges must prove,” she said adding that they only relied on her ruling on bail which is not a conclusion of the case to justify the claims of bias.
The Judge however noted that they have the right of appeal.
In their application, Oyamo and Obiero had alleged that comments by the judge, who denied them bond, caused them to believe their trial would be unfair.
The suspects argued that Justice Lessit released Migori Governor Okoth Obado on bail but denied them freedom due to bias and discrimination.
They had been confined in remand prison but were later released on Ksh. 1million cash bail each after successfully appealing their detention.
Governor Obado who is one of the accused was however not party to the application.