Busia Senator Okiya Omtatah has expressed shock and disbelief that Lady Justice Mugure Thande has been transferred.
Justice Thande suspended President William Ruto's Finance Act 2023.
"It has come as shock to me that Justice Mugure Thande has been transferred. Even though it might be a normal procedure, she should not have been transferred so soon.
Omtatah told the Star on Tuesday evening that even if the Judicial Service Commission is doing its work, he does not think that Thande has served for three years at Milimani High Court.
"I don't think the judge has already served three years as supposed to be, but I will confirm...I'm not sure...,"Omtatah said.
He, however, stated that even with the transfer, he will still push on with the case.
Lawyer Moses Munoko also said there are administrative processes that can happen at any time by the Chief Justice.
Munoko said if Justice Thande's transfer is on the orders issued, then its very unfortunate and illegal.
"It could have been the right thing to do, but the timing is wrong. The suspension of the implementation of the Finance Act, 2023, had a lot of impact on Kenyans," Munoko told the Star.
He said her transfer will not affect the case since it's already before a three judge bench.
Mugure is among the 13 judges who have been moved in the latest reshuffle in the Judiciary.
The judge has been moved to Malindi Court in changes effected by Principal judge of the High Court Justice Eric Ogola.
She will be replaced by Justice Chacha Mwita, who will be the presiding judge at the Milimani Constitutional and Human Rights Division.
Mwita had previously served in his new position.
Lady Justice Diana Kavedza will be heading new specialised courts at Kibra and Kahawa Courts. She is currently posted at Milimani Criminal Division.
Justice David Majanja has been deployed to the Civil Division from his post at the Commercial and Tax Division.
In the changes, Nakuru High Court will be presided over by Lady Justice Hedwig Ong'undi of the Constitutional and Human Rights Division at Milimani.
Justice Hillary Chemitei, who is currently at the Nakuru High Court, will preside at Milimani Family Division.
He will be replacing Lady Justice Maureen Odero who has been moved to Nyeri High Court as the presiding judge.
Nyeri High Court judge Florence Muchemi has been transferred to Thika High Court where she will preside.
Lady Justice Patricia Gichohi will take over Lady Justice Teresa Odera's post at Nakuru High Court.
Odera will move to Kisii High Court, where Gichohi is currently stationed.
Further, Justice Peter Mulwa has been posted at Milimani- Commercial and Tax Division from the Kiambu High Court.
He will work alongside Justice Aleem Visram who is at the Milimani - civil Division.
The deployment of Lady Justice Lilian Mutende who is currently nominated as the CSO chair is still pending
