Acting CJ appoints bench to hear Nairobi County case

Acting Chief Justice Philomena Mwilu has appointed a three-judge bench to hear and determine the constitutional and judicial petitions on Nairobi County.

The three include Justice Said Chitembwe -who will be the Presiding Judge and will be assisted by Justice Weldon Korir and Lady Justice Wilfrida Okwany.

A statement sent to newsrooms Thursday has revealed that there will be a Virtual Mention before the Bench on February 25, 2021 at 12pm with the petitions mentioned on the same day before the bench.

“A mention a virtual link to join shall be posted on the weekly Cause List,” read the statement in part.

It further directed that three hard copies of the pleadings in each file be delivered before February 22 at 12pm with all parties directed to supply the registry with three copies of all the pleadings (including affidavits of service) for each file, filed to date.

“These are to be delivered in the CHR Registry on or before February 22, 2021 at 12pm,” read the orders in the statement.

The Law Society of Kenya filed a successful suit last month seeking to stop the swearing in of Ann Kananu as Nairobi Governor.

Judge Anthony Mrima directed that the LSK case be heard next Thursday by a bench to be constituted by acting Chief Justice Philomena Mwilu.

The council is seeking a court order mandating a by-election within the 60-days legal timeline as provided for under Article 182 (5).

The suit is seeking to halt a plan to confirm Kananu as the substantive Governor after Nairobi County Assembly Speaker Benson Mutura relinquished the position and stood down as Acting Governor.

Mutura assumed office as Acting Governor following the impeachment of Governor Mike Sonko in December 2020, with the law requiring the Independent Electoral and Boundaries Commission (IEBC) to hold an election within sixty days.


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