Two supreme court judges should not be part of the Supreme Court bench that will determine the petition by the NASA Coalition on the alleged computer-generated re-election of President Uhuru owing to their past association with the Jubilee regime.
Kahawa Tungu has learnt that NASA will oppose the two judges from being part of the petition. The opposition coalition wants only neutral judges to preside the case.
Justice Njoki Ndung’u and Justice Jackton Boma Ojwang’ are said to be openly partisan. Njoki is said to have been seen in social gatherings with senior Jubilee leaders including Jubilee Vice Chair David Murathe while Justice Ojwang’s wife, Prof. Colleta Suda, was appointed Principal Secretary by President Uhuru.
Prof. Suda had allegedly been rigged out during ODM nominations and his appointment was seen as one way of negotiating Justice Ojwang’s determination of the case Raila Odinga filed in 2013.
Five judges are enough to form a full bench.
NASA has demanded that each judge to write and read in an open court his or her judgement after the petition is dispensed with, a move which is said to be causing jitters within the Supreme Court.