Judge pulls out of Wetang’ula appeal case
The appeal filed by former Bungoma senator Moses Wetang’ula seeking to revoke nullification of his election was Tuesday pushed to next week after a judge pulled out.
Mr Justice Sankale ole Kantai said he has interacted extensively with Mr Wetang’ula and his friends.
Because of the relationship, he said it would be improper for him to hear the appeal.
He said Mr Wetang’ula’s brother Tim Wanyonyi, the Westlands MP, is also his close friend.
“A relative of mine also works in a law firm associated with Mr Wetang’ula,” the judge said, adding that he also had a close relationship with Mr Wetangula’s opponent Musikari Kombo.
The case was subsequently pushed to Tuesday next week. The court ordered that Mr Kantai be excluded from the bench that will hear the matter.
In the appeal, Mr Wetang’ula wants the court to reverse a September 30 judgment that nullified his election.
However, Mr Kombo’s lawyer wants to move the court to strike out Mr Wetang’ula’s appeal, saying there are deficiencies in the way it was filed.
The lawyer, Mr Alfred Ndambiri, Tuesday informed the court that he wanted his application heard first before the appeal can be handled.
The court, led by Lady Justice Wanjiku Karanja, ordered lawyers for both sides to make and serve their submissions on the application before the Tuesday hearing date.
The Bungoma senatorial by-election is scheduled for December 19. -nation.co.ke