Two suspects in the murder of Ms Sharon Otieno want Justice Jessie Lessit, who is presiding over the case, to recuse herself.
Michael Oyamo and Caspar Obiero have accused the judge of making prejudicial remarks while declining to release them on bail, a move they claim negated the presumption of innocence accorded to them in the Constitution.
“I do apprehend, and reasonably so, that I shall not be accorded a fair and impartial trial and I request that the case against me be presided over by any judge other than Justice Lessit,” states Mr Oyamo.
In their application, they also say that the trial court acted in a discriminatory manner and in violation of the principle of equality of treatment in applying different standards on different suspects.
“All accused persons applied to be admitted to bail and bond and a decision was made which allowed (Governor) Obado to be released on bail while Caspal Ojwang and myself were denied bail,” added Mr Oyamo.
The application has been certified as urgent and will be allocated a new Judge to hear it.
Mr Mr Oyamo and Mr Mr Obiero are charged alongside Governor Obado for the murder of Ms Otieno and her unborn baby.
The hearing of the murder case starts in May as the prosecution lines up over 30 witnesses to testify during the trial.
Ms Otieno, a Rongo University Student was found dead near Kodera Forest in Homa Bay County, two days after she went missing on September 3, 2018.