High Court Judge William Musyoka has opted out of a case between the National Super Alliance (NASA) and the IEBC on grounds that he is related to NASA co-principal Kalonzo Musyoka.
Judge Musyoka disqualified himself from the case in which NASA sued IEBC for not putting in place a manual back up system in good time for the August Elections.
In the suit, NASA wants the backup declared illegal as it is time barred given that it was to be set up 60 days before the election and there was no public participation on the same.
Judge Musyoka's move comes just under a week after the Jubilee Party alleged that there was a conflict of interest in the High Court bench that issued the ruling on the printing of presidential ballots for the August 8 election.
Speaking during a press conference on Monday, Secretary General Raphael Tuju claimed that Justice George Odunga who was part of the three-judge bench was a relative of James Orengo, one of the NASA Coalition Co-Chairmen.
He explained that this could have influenced the judgment and further queried whether Chief Justice David Maraga was aware of this fact.
“Justice Odunga is related to James Orengo through marriage. He did not declare this, thus there is a conflict of interest.
"The younger sibling of Odunga’s wife is actually named James Orengo. Did Chief Justice Maraga know all this?” he posed.