An activist has petitioned the Judicial Service Commission to stop three Supreme Court judges from hearing the case challenging President Uhuru Kenyatta’s October 26 election.
Kelvin Njihia wants Deputy Chief Justice Philomena Mwilu, Justices Ibrahim Mohamed, and Isaac Lenaola barred from presiding over the case.
He argues that Justice Ibrahim should be barred because of his physical incapacity.
The judge’s illness was pronounced by Chief Justice David Maraga during the determination of the petition filed by NASA leader Raila Odinga on the August 8 election.
“The said judge has failed to perform his duty and has been missing in office as a judge of the Supreme Court,” Njihia says.
He avers that the issue, despite its seriousness, has not been addressed by the JSC or the Chief Justice.
“The continued absence of the judge is enough proof of his physical incapacity to carry out his duties.”
Justice Maraga recently told parties in a case filed by MUHURI boss Khelef Khalifa, on the impact of Raila’s withdrawal, that judge Ibrahim was being treated outside the country.
He said this was one of the reasons the apex court could not hear the case which sought to stop last month’s polls.
