In Summary
  • In singling out Justice Odunga, the Jubilee leaders ignored the fact that he was not alone on the High Court Bench.

All eyes will be on five Court of Appeal judges from Friday as they preside over a case that has already provoked President Uhuru Kenyatta to launch unprecedented criticism against the Judiciary.

This follows last week’s High Court ruling stopping the printing of presidential ballot papers by a Dubai firm that angered the Jubilee Party.

The five-judge Bench will be hearing the appeal by the Independent Electoral and Boundaries Commission (IEBC) against the High Court’s nullification of the ballot paper printing tender award to Al-Ghurair Printing and Publishing.

But it is the criticism by the Jubilee Party, led by President Kenyatta himself, against the Judiciary that lurks over the case and places the five appellate judges in the cross hairs.

Already, the Court of Appeal president, Justice Paul Kariuki, has constituted a five-judge Bench that will be revealed Friday when the court hears IEBC’s application for a stay of the High Court ruling, before the hearing of the main appeal.

And if this week’s events are anything to go by, none of the five judges, or indeed the Chief Justice, could be spared from criticism from the ruling coalition in the high-stakes case.

“Where is the independence of the Judiciary when judges who are relatives of those who have cases with us are appointed to preside over the cases?” Deputy President William Ruto asked on Monday in Turkana.


The Jubilee attacks started at a public rally and were then amplified at a press conference by National Assembly Majority Leader Aden Duale, Senate Majority Leader Kithure Kindiki, Elgeyo-Marakwet Senator Kipchumba Murkomen and Jubilee secretariat boss Raphael Tuju.

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