Appeal court judge Wanjiru Karanja on Tuesday recused herself from the hearing of Mombasa Governor Hassan Joho's poll petition.
Justice Wanjiru said the county boss has been her neighbour and therefore, she wouldn't want to be part of the bench hearing the matter.
The case was filed by former Mombasa Senator Hassan Omar after the High court upheld Joho's August 8, 2017 election for a second term in office.
On February 22, Justice Lydia Achode, , threw out the former legislator's case citing lack of sufficient evidence.
Omar had challenged Joho’s victory in the August 8 polls saying the election was marred by irregularities.
Through his lawyer Yusuf Abubakar, he appealed the High court's decision.
The hearing was expected to be before the three-judge bench also comprised of Martha Koome and Alnasir Visram.
This is the second matter judge Wanjiru is recusing herself from hearing.
On Monday, she asked to be excused from hearing the case challenging the authenticity of Joho's academic papers.
The DPP has appealed the decision by the High court to shield the governor from investigations or prosecution.
The governor is being probed on allegations he forged documents to join the university.
Parties will now have to wait for the president of the Appeal court to appoint a judge to fill the third seat.
Elsewhere, Jubilee politician Abdi Daib wants Chief Justice David Maraga to appoint a five-judge bench to hear his appeal.
He is challenging the election of Changamwe MP Omar Mwinyi.
Daib, through his lawyer Gikandi Ngibuini, said five judges are best placed to look into serious issues he has raised in the appeal.
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