The Supreme Court on Tuesday dismissed an application seeking the recusal of three judges from hearing the BBI Appeal.
The petitioner, Isaac Aluochier, wanted Justices Njoki Ndungu, Smokin Wanjala and Mohammed Ibrahim to recuse themselves saying he had filed a petition before Judicial Service Commission (JSC) for their ouster.
Mr Aluochier argued that the matter before the court should be heard by an impartial bench.
He claimed that in 2016, he wrote to the JSC seeking the removal of Supreme Court judges led by former Chief Justice Willy Mutunga and Justices Phillip Tunoi, Jacktone Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u.
He accused the judges of breach of code of conduct and gross misbehaviour.
But according to DCJ Philomena Mwilu the possibility of bias against the judges is far fetched and speculative.
“The applicant having instituted the petition before JSC it should be allowed to take its course since the commission is an independent body,” Justice Mwilu said.
“The notice of motion lacks in merit and is disallowed.”
The court has also allowed eight applications for amicii saying the submissions filed by the different amicus curie will help the court in reaching a determination.