Justice Ibrahim’s long absence from bench triggers queries

Supreme Court Judge Mohamed Ibrahim at the Supreme Court of Kenya on August 28, 2017 during the presidential petition filed by Nasa leader Raila Odinga challenging the election of President Uhuru Kenyatta. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

As the six judges of the Supreme Court prepare to rule on the second petition challenging President Uhuru Kenyatta’s re-election on Monday, one of them remains conspicuously missing.

It is not the first time Justice Mohammed Ibrahim, the senior most judge of the Supreme Court after Chief Justice David Maraga and Deputy Chief Justice Philomena Mwilu is missing in action.

During the hearing of the first petition, lodged by National Super alliance leader Raila Odinga challenging Mr Kenyatta’s victory during the August 8 election, Justice Ibrahim only attended one session.
ILL

Justice Ibrahim’s absence for the remainder of the sessions was explained by Justice Maraga who said he had been taken ill.

Sources at the Supreme court confided in the Sunday Nation last week that Justice Ibrahim is still undergoing treatment at a hospital in South Africa.

“He is still in hospital in South Africa where he has been undergoing treatment all this time, he is in and out of hospital,” said a source at the Judiciary who sought anonymity.

Another source at the Judicial Service Commission recounted how Justice Ibrahim had insisted on sitting through Mr Odinga’s petition despite the fact that he was seriously ill, only to be persuaded by a top government official who is related to him to seek treatment.

His colleagues concluded the petition which they nullified President Kenyatta’s re-election on a majority decision of four against two dissenting judges.

Before the hearing of the petitions by Harun Mwau and Njonjo Mue together with Khelef Khalifa, Kelvin Njihia had filed before the JSC a petition seeking the removal of Justice Ibrahim from office on grounds that he was unable to discharge his duties.

Mr Njihia argues that Justice Ibrahim’s absence is hurting the functions of the Supreme Court.

Mr Njihia also says the judge continues to receive his salary and has continued to enjoy other benefits that come with the office yet he cannot perform his duties.