It would appear that Odunga thinks it's okay to remand a suspect for upto 360 days without bringing him to trial.
Why he feels he needs Mutungaru's input to make a determination is completely lost to me.
First part: I didn't think it was necessary for him to act all parts that may be problematic; that would be difficult to justify. What he had to do was act on certain parts that require urgent action.
Second part: His primary task was whether to (a) put certain parts of the law into "abeyance" until the matter has been fully heard and (b) decide whether the application had enough substance to go forward. He did both.
On the "going forward", the relevant law says that such a matter of constitutional interpretation is to be heard by an even number (at least three) judges appointed by the CJ.