Too hot to handle? More judges quit NASA suit

Hon.Lady Justice Agnes Kalekye Murgor arrive at Supreme court

Two more judges have disqualified themselves from hearing National Super Alliance (NASA) appeal on election back up system.

Court of Appeal judges Gatembu Kairu and Agnes Murgor Wednesday said they would not sit on the bench that is to hear the case, citing personal reasons and a relationship with a lawyer.

The development caused the hearing of the case to abort for the second time, with three judges so far declining to take up the matter.

On Wednesday, a three-judge bench composed of Justices Daniel Musinga, Kairu and Murgor came to court at 9am but adjourned for two hours in order to have a new bench hear the case.

When they returned at 11am, they told lawyers that the case had to be adjourned to today as the president of that court was not available to set up another bench.

Cited perception

Justice Kairu's reason for withdrawing from the case is that he has links with Jubilee Party lawyer Paul Muite. Justice Murgor cited perception as the reason for disqualifying herself.

"I have deeply searched through my heart and I will recuse myself from the matter because of perceptions it will create," Justice Murgor said.

On Tuesday, Justice Erastus Githinji also disqualified himself, saying he was uncomfortable with presiding over the case as he had sat in another bench which heard the presidential ballot printing papers tender case.

Justice Githinji was to head a three-judge bench that also included Justices Wanjiru Karanja and Roslyn Nambuye but opted out, noting that they were the same parties before him over related issues.

The judge observed that due to the heightened political temperatures, there was a likelihood of a negative perception being created if he headed another bench on election-related matters.

"I wish to recuse myself on the grounds it will not be proper to head another bench, having presided over one in an appeal relating to the same parties and involving the electoral process," the judge said.

At the same time, Jubilee now wants the Court of Appeal to allow it adduce evidence showing that the Opposition participated in the debate that culminated in having the contentious law on the back up system.

Jubilee accuses NASA of shifting goals and now wants the court to allow it prove that the law on the back up system was as a result of debates by both parties before Parliament.