Chief Justice Martha Koome has opposed a case challenging President Uhuru Kenyatta's refusal to appoint six judges.
In her grounds of opposition to the court, Koome says the case filed by Katiba Institute is bad in law, fatally defective and an abuse of the court process
The Petition by Katiba was filed last year in June when the President had refused to appoint the 41 judges but last month they filed a new application when the president left out six judges from the list.
Koome who has filed her grounds of opposition alongside the Judicial Service Commission argues that they are opposing it because the petition has been overtaken by events.
Through Lawyer Isaac Wamaasa, the CJ says she has no powers under the law to stop any judge of a superior court from performing his or her judicial functions.
Katiba Institute had asked the court to order the CJ and JSC not to assign work to the 34 judges appointed last month until their six colleagues are also sworn in.
The case is coming up today for hearing.
However, President Kenyatta's lawyer Waweru Gatonye has indicated that they will seek to adjourn the matter.
In a letter to Katiba Institute, Gatonye says they will be seeking to adjourn the matter today before the three-judge bench.
Gatonye says the President moved to the Court Of Appeal last month and their application was certified urgent.
Gatonye argues that continuing with the matter today while their appeal application is pending will lead to parallel proceedings.
"There is a possibility that the High Court may be embarrassed if it proceeds with the hearing notwithstanding the proceedings in the appellate court" the letter reads.
