Well, no CJ in CoK2010 has abused the power to select judges at the high court. Gicheru was the last one. I think the cases are randomly assigned - and only when a judge requests a CJ to form a bench - do they get invovled.
COA - the president or the presiding judge - select.
This vendetta predates BBI rulling....except for Prof Ngugi (which is now personally btw him and Uhuru)
If you study these judges - they mostly are from CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONS - in Milimani.
They are remnants - Lenaola made it supreme court - Majanja is now in COA.
Now COK2010 - because it very progressive -makes that court VERY POWERFUL - especially the FREE FOR ALL PUBLIC LITIGATION.
One man Omtata has totally frustrated gov agenda - from his cyber cafe in NSSF building. He is not even a lawyer

Gov attempt to do something - Omtata type a short love letter and deliver it 100 yards to Milimani - and court blocks - and Omtata never has to pay - maybe 100 shs filling fee

. Omtata is really UNSUNG HERO of Cok2010.
That has made Uhuru and his gov machinery to hate the court and the poor judges...they have definitely collected all the rubbish they could find on Odunga, Mumbi,Majanja etc.
Most of the judges who normally sit here the last few years are the brilliant types- Lenaola, Majanja, Odunga and Mumbi - and I think Korir too. They are normally 3 judges - but when the case is serious like BBI - they get support to form 5 bench .
Prof Ngugi sits on Criminal Division - and was just pulled by Maraga - to deal with BBI - Maraga knew he was lethal reformist - and he delivered a sweat revenge for Maraga.
While posting I saw some speculation about the appeals bench. I've been a firm advocate for using a traditional pot to pick panelists. Put all available judges in the mtungi and in public ask someone to pull out 7 names. Those pulled out join the panel. The most senior judge of them presides unless he leaves it to the next senior.
Uhuru losing sleep over a CJ and his power to select an anti Kenyatta panel... why not limit that power by prescribing an open and transparent method. Deny the CJ the power to fix a bench by his or her own discretion. Computerize it.
Note that the rumor that Odunga, Mwita, Joel Ngugi would have sat on an appeal against their own judgment is another Uthamaki propaganda. Hakuna ushenzi kama huo.
Uhuru targeted the said judges for their role in the case that found him guilty of violating chapter 6. He decided to revenge