The Supreme Court judges will have a physical session on Tuesday from 9am to mention and issue directions on the BBI appeals.
The Supreme Court will decide whether three judges will step down from hearing the BBI Appeal.
One of the BBI opponents has made an application at the Supreme Court asking three judges to recuse themselves from hearing the appeal.
Isaac Aluochier made an application for Justices Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u to step down from the bench arguing that they will not be impartial.
He claims that he lodged a petition at the JSC in 2016 for the removal of six judges of the supreme them led by Former CJ Willy Mutunga and Justices Phillip Tunoi, Jacktone Ojwang,Mohammed Ibrahim, Smoking Wanjala and Njoki Ndung’u for breach of code of conduct and gross misbehavior.
However, to date, that petition has never been dealt with and three have since left the bench so he feels that the other three will not be impartial in determining the BBI appeal.
He has urged the Judicial Service Commission to fast-track his petition against the judges saying he is even willing to use Alternative Dispute Resolution to settle the matter with the judges that have been pending since 2016.
If the application is allowed, it would leave only four judges instead of the mandatory five judges available to hear the BBI case.
The apex court will also rule whether to allow PNU to be enjoined in the matter. The party wants to be enjoined into appeal.
