In a petition filed with the Judicial Service Commission (JSC), Ngunjiri claimed that the CJ forced Judge Mohamed Ibrahim to stay out of discussions on the final ruling.
"I have learnt that Justice Mohamed Ibrahim had actually wanted to be part of that decision and Justice Maraga stopped him because he was indisposed for one day.
"He could have been part of that decision because he was out for one day, now we don't know whether if they had sat as seven of them they would have come up with a different decision," Ngunjiri asserted.
Judge Ibrahim had been taken ill after the first day of hearings on the presidential election petition filed by NASA leader Raila Odinga.
The CJ had, on the morning of the second day, informed the court that the Judge would not attend the proceedings.
"…as we speak he is being attended to by a doctor. So because of the pressure of time, we have to go on without him. So we’ll start as we planned yesterday," Maraga had stated.
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It was later a surprise when the Judge failed to appear when the court convened to deliver its ruling.
While many speculated that Judge Ibrahim had participated in the ruling, CJ Maraga announced that only six of the seven Supreme Court Judges had come up with the ruling.