Supreme Court judge to miss crucial Uhuru case

juma chrispinus

November 14, 2017 10:49 AM

The Supreme Court starts the hearing of petition challenging Mr Kenyatta's October 26 poll victory.

A Supreme Court Justice is set to miss the first session of the crucial pretrial conference at the Supreme Court.

Six of the seven Supreme Court justices led by Chief Justice David Maraga, are set to start the hearing of three cases which there is high possibility of consolidating into one.

Others who will be in court include Deputy Chief Justice Philomena Mwilu, Justices Smokin Wanjala, JB Ojwang’, Njoki Ndung’u and Judiciary Registrar Mrs Esther Nyaiyaki. Justice Mohammed Ibrahim is missing, yet again for the second time running.

Mohammed Ibrahim was taken ill during the August 8 election petition. Chief Justice David Maraga on Tuesday August 29 told a Court session that Ibrahim was being attended to by a doctor.

Time for oral submissions, and the counsels to take part on the petition seeking to challenge Mr Kenyatta’s October 26 victory

The Supreme Court on Tuesday will be facing three major issues to make determination including a petition filed by former Kiharu lawmaker Mr Harun Mwau, who wanted the court to quash the process IEBC did in October 26 terming it unconstitutional.

Mr Mwau argued in his petition that the IEBC should have done due diligence of conducting fresh nomination for the candidates to take part in the repeat polls. IEBC was ordered by the Supreme Court to conduct fresh elections after it annulled the August 8 polls, in which IEBC had declared Mr Kenyatta the victor with over 8.2 million votes.

On the other hand, Mr Raila Odinga and his running mate Mr Kalonzo Musyoka were taken to court by a lobby group, Institute of Democracy and Governance, accused the duo of breaking the election laws by urging people “not to vote in the repeat polls.”

Both Raila Odinga and Kalonzo Musyoka are out of the country for different reasons. Mr Odinga is in the US for a tour, while Mr Musyoka is in German to attend to his sick wife Mrs Pauline Musyoka.

In a different case which ten Supreme Court is expected to give direction is a petition in which one Khalif Khalifa, Muhuri and Kura Yangu Sauti Yangu sought clarification ion the legitimacy of October 26 polls

Meanwhile, there is a heavy presence of security officers at the entrance of the apex court to beef up security as the judges make their way into the court.

juma chrispinus