President Uhuru Kenyattas choice of Court of Appeal President Kihara Kariuki as the new Attorney General has reignited debate on exactly what happened on the eve of the October 26th election.

The Judicial Service Commission had been investigating a complaint against Justice Kihara over the circumstances in which the Court of Appeal a ruling that would have heavily undermined the October 26th presidential election.

On the morning of October 25th, High Court judge judge George Odunga issued a ruling that declared returning officers unlawfully gazetted, just hours to the repeat presidential election.

The ruling had caused uncertainty on the outcome of the October 26th elections which would have been conducted by persons who were deemed to have illegally been appointed to those positions.

However, Justice Kihara constituted a three-judge bench who heard the matter and overturned Odunga's ruling on the same day, at around 8pm.

Former LSK CEO Apollo Mboya would later file a complaint against Justice Kariuki for forming a bench to sit on October 25, a day that was set aside as a public holiday.

The complaint will now end in an ironical twist as the former Court of Appeal judge will have a slot at the JSC, in his newfound capacity as Attorney General.