A Court of Appeal judge has disqualified himself from hearing an appeal filed by Narc-Kenya leader Martha Karua challenging High Court's decision to dismiss her petition against the election of Kirinyaga Governor Anne Waiguru.
Ms Karua through lawyer Gitobu Imanyara sought for Justice Otieno Odek’s recusal citing “perceived bias”.
Mr Imanyara told a three-judge bench of Mohamed Warsame, Daniel Musinga and Odek that his client has no faith in the judge to preside over her appeal.
“I have an application to make with great hesitation. It is related to disqualification of one member of the bench. One of you judges spoke publicly the merits of this appeal and express the way you will rule,” alleged Mr Imanyara.
Justice Warsame who was the presiding judge intercepted Mr Imanyara from making further submission directing him to name the judge he was referring to, which he replied as Justice Odek.
The judge further asked lawyers Paul Nyamodi appearing for Governor Waiguru and Joe Gathungu for the Independent Electoral and Boundaries Commission to make their replies.
The two lawyers told the court that it is prudent for Mr Imanyara to make his formal application to seek the judge withdrawal instead of merely making such grave allegations.