Court of Appeal Judge Otieno Odek on Monday recused himself from hearing an appeal case filed by NARC-Kenya leader Martha Karua on grounds that he had been in contempt of the court.
Justice Odek told the court that he had violated the confidentiality rule by discussing the matter with people outside the court.
Karua filed a petition appealing the High Court's ruling that declared Kirinyaga Governor Anne Waiguru validly elected in the August 2017 election.
Justice Odek told the court that he had discussed the matter with the election committee and could therefore not hear the case.
[caption caption="NARC - Kenya party leader Martha Karua"]
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The former gubernatorial candidate's lawyer, Gitobu Imanyara, asked the judge to disqualify himself over what his client termed as bias.
The lawyer argued that Justice Odek discussed the merits of the case at a public function and went on to tell his audience what the outcome of the case would be.
Following the recusal, a third judge will have to be appointed to hear the case along with Justices Mohammed Warsame and Daniel Masinga.
Karua has continued to insist that the election that cost her the Governor's seat was not free and fair.
Kerugoya High Court judge, Lucy Gitari, dismissed the initial petition on grounds that it was "defective and incurable."
Ms Karua has stated that she is not interested in going back to working for the National Government after serving as a Minister.
[caption caption="Martha Karua"]
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