| Case Number | APPLICATION NO. 5 OF 2007 (ARISING FROM REFERENCE NO. 1 OF 2006 ) |
| Summary | The Attorney General of Kenya, brought the Application praying for ORDERS – 1.That the application be certified urgent; 2.That Hon. Justice Moijo Ole Keiwua, President of this Court and Hon. Justice Kasanga Mulwa, Judge of this Court, disqualify themselves from further hearing of the reference and applications therein; 3.That the Court sets aside its ruling delivered on November 27, 2006; and 4.That the costs of the application be provided for. |
| Respondent | Prof. Anyang’ Nyong’o & 10 Others |
| Complainant | The Attorney General of The Republic of Kenya |
| Date filed | January 22, 2007 |
| Countries | Kenya |
| Keyword | Bias , EALA , Recusal , Setting aside Rulings or Judgments |
| Treaty Article | Article 23 , Article 26 , Article 27 , Article 35 A , Article 50 , Rule 17 , Rule 70 |
First Instance Judgment
| Verdict | In response to the prayer that the judges disqualify themselves from further hearing of the reference and applications therein, Justice Moijo Ole Keiwua has made a response declining to do so. We agree with his position as there is no basis for the prayer. His response shall be deemed to be incorporated in this ruling. In view of the withdrawal of the application against Justice Kasanga Mulwa he thought it unnecessary to respond. Accordingly the prayer that the two judges disqualify themselves from further hearing of the reference and applications therein, is also rejected. |
| PDF document | Download the decision as PDF |
| Date delivered | February 6, 2007 |
| Quorum |
Appeal Judgment
| Verdict | |
| PDF document | |
| Date delivered | |
| Quorum |