The National Assembly has suffered a blow after a five-judge bench declined to recuse itself from a case in which retired CJ David Maraga had advised the President to dissolve Parliament. The National Assembly had made an application to the judges to recuse themselves because they were appointed by DCJ Philomena Mwilu. They claimed that the deputy CJ cannot exercise powers conferred on the Chief justice under the law. The other judges in the case are Justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya. The bench further noted that the reason Maraga assigned his deputy to appoint the judges is to avoid the issue of bias because he had also been sued in the petition.

Source: The Star February 18, 2021 14:26 UTC