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Supreme Court dismisses application to have 3 judges recuse themselves from BBI case

By Jael Mboga | Nov 9th 2021 | 2 min read

Supreme Court judges during the ruling on whether three judges should recuse themselves from the BBI appeal case. [Collins Kweyu, Standard]

The Supreme Court has today dismissed an application to have three judges recuse themselves from the BBI appeal case.

The statement was delivered at the Supreme Court buildings where the judges conducted a physical session to mention and issue directions on the BBI Appeals.  

Activist Isaac Aluochier had applied to have Justices Njoki Ndungu, Smokin Wanjala, and Mohammed Ibrahim recuse themselves from the matter, saying they are biased.

Aluochier said he filed a petition in 2016 to have the six Apex court judges removed.

The six included Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u.

Aluochier accused them of bias and partiality.

However, the JSC said it is yet to receive the said petition. The judges also say they are unaware of Aluochier’s petition.

Speaking at the Supreme Court buildings, DCJ Philomena Mwilu said claims of bias are far-fetched.

“The applicant having instituted the petition before JSC it should be allowed to take its course since the commission is an independent body," Justice Mwilu said.

“The notice of motion lacks in merit and is disallowed.”

CJ Martha Koome said the Apex court will hear a consolidated BBI Appeal petition for three consecutive days from January 18-20, 2022.

Further, the court threw out an application by PNU to join the BBI case as an interested party.

The Supreme Court said PNU has no stake in the matter.

Justice Ndung'u said the applicant did not meet the threshold for admission.

Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021
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