Why apex court judges did not wear ceremonial gowns during pre-trial conference

The pre-trial conference held on Tuesday sought to draw a roadmap of how the case will proceed.

In Summary

•The seven-judge bench led by Chief Justice Martha Koome used the conference to outline the roadmap to follow while hearing and determining the petition.

•The judges, however, were uncharacteristically not in their ceremonial gowns.

Supreme Court judges on the presidential election petitions.
Supreme Court judges on the presidential election petitions.
Image: The Star

The Supreme Court on Tuesday held a pre-trial conference for the seven presidential election petitions filed before it.

The seven-judge bench led by Chief Justice Martha Koome used the conference to outline the roadmap to follow while hearing and determining the petition.

The judges, however, were uncharacteristically not in their ceremonial gowns.

The move raised eyebrows among a section of Kenyans who wondered why.

In an interview with the Star, lawyer Shadrack Wambui said the judges would not be required to dress in their gowns, given it was not the official hearing.

He explained that usually, the court registrar makes sure that a case is ready for hearing, but this being the petition for presidential elections, the case is unique.

"Because the hearing has not formally begun. In any event, the work of ensuring the case is ready for hearing is usually that of the Registrar. These are only unique proceedings where the court has to take on even similar assignments," he said.

The formal hearing set for Wednesday will see the judges don the ceremonial gowns which traditionally show their nobility and aristocracy.

The robes also accord dignity to judicial proceedings.

Lawyers from the interested parties will also be required to wear their gowns.

The Koome team which includes  Deputy CJ Philomena Mwilu and judges Ibrahim Mohammed, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and William Ouko, is supposed to deliver the verdict of the petition on September 5.

On August 22, nine petitions were filed at the Supreme Court but two of them were struck out.

During the pre-trial, Koome consolidated the seven remaining petitions into one.

She said they all presented similar issues as those highlighted by Azimio presidential candidate Raila Odinga and his running mate Martha Karua.

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