Judge refuses to disqualify herself from slain tycoon case

A judge has declined to disqualify herself from hearing a case in which the wife of slain Mombasa tycoon Shahid Pervez Butt is seeking control of his Sh5 billion estate.

In a letter to the Chief Justice, Regine Butt had sought intervention in what she termed as frustration and injustice from a chief, the Lands office and Justice Maureen Odero.

Ms Butt had also wanted all proceedings undertaken and orders issued by Justice Odero set aside.

“To engage in tantrums and threats does not in any way advance the course of justice. This application is nothing short of forum shopping. There is no bias by myself either for or against any party in this case,” ruled Justice Odero.

Mr Butt, who was shot dead on July 11 at Changamwe, was the owner of Modern Coast bus company, among other multi-billion shilling properties.

The fallen tycoon’s wife also sought to have a law firm representing the defendants disqualified in suits concerning the estate of Mr Butt.

READ: Slain tycoon’s widow takes battle for his Sh5b estate to court

Justice Odero, however, said Ms Butt must be prepared to let the legal process take its course, having decided to ligate her case in court.

The judge said the request to have the file forwarded to Chief Justice Willy Mutunga has no basis since the deceased was a resident of Mombasa and his wives and children live within the city.

“The succession cause is properly before the High Court at Mombasa. Even if for some reason I would be unable or unwilling to hear the matter, Mombasa High Court has several other competent judges,” said Ms Odero.

The judge said the court is under obligation to deliver justice to all parties and a party that felt aggrieved by orders made in court could seek a review.

Ms Butt and her mother Roselinde Gudrun Ostertag petitioned the court to grant them letters of administration of the estate until a long time administrator can be found.

She is also seeking to be paid Sh1.5 million each month from bank accounts, incomes and profits of Modern Coast Express Limited and Vantage Road Transporters Limited for upkeep, maintenance and school fees.

Ms Butt is also seeking to be paid Sh1.05 million each year from the two companies for school fees for her two children.

The petitioners are also seeking for an order prohibiting the deceased son’s Haroon Shahid Butt and his mother Akhtar Shahid Butt from drawing monies in various accounts and selling, transferring, disposing of, leasing and dealing in several plots.

In another matter filed by Ms Butt she claims Shahid Butt and his wife have demanded that she vacates the family home along Mkomani road, Mombasa.