Tues 9th August 2022, Election Day
Chief Justice Willy Mutunga appointed five judges to hear the case challenging the suspension of eight security laws on Tuesday.They are Justice Isaac Lenaola, Mumbi Ngungi, Hillary Chemitei, Hedwig Ong'udi and Joseph Onguto.Mutunga asked them to give their findings on or before February 13 when a decision will be made.This comes a day after Director of Public Prosecution Keriako Tobiko appealed the suspension of the laws.Tobiko said that stopping the government from enforcing the anti-terror laws will compromise public interest.He and Attorney General Githu Muigai told three Appeal Court judges to lift the suspension as it was given in error of law.The sections suspended by judge George Odunga are 12, 16, 26, 29, 48, 56, 58 and 64.Odunga gave the orders following an application by the Cord coalition.- See more at: http://www.the-star.co.ke/news/cj-willy-mutunga-appoints-five-judges-hear-security-laws-case#sthash.SCSYKWbU.dpuf
I find Lenaola to be a judge of integrity and a solid hand in the constitutional division of the high court. Mumbi Ngugi has been a star. The rest are odd balls.
It's the simple rule that prevents a judge from sitting on appeal on his own decisions and in this case avoiding future accusations of prejudice. Lenaola refused to grant every prayer by CORD handing victory to Jubilee three times.