High Court judge Justice George Odunga has declined to hear a case that challenges the new practice rules introduced by Chief Justice David Maraga.
Odunga, who is known to make bold judgements on controversial political and constitutional issues, stated that he had been part of the committee that drafted the practice rules that will guide hearing of all corruption cases in Kenya.
The rules had directed that all corruption cases would first be heard at the newly established economic division of the High Court in Nairobi.
The rules had also stated that advocates would give first priority to cases at the economic division – a rule aimed at ensuring expeditious conclusion of corruption cases.
After withdrawing from the case, Odunga directed that the case would be mentioned before Justice Roselyne Aburili on January 11, 2017.
Odunga's withdrawal comes a few days after National Assembly Majority Leader Aden Duale vowed to table a motion in parliament, to discuss the conduct of the High Court judge.
Duale's action was criticised by the Chief Justice, who called for parliament to respect the independence of the judiciary.
Maraga’s decision to centralize the hearing of corruption cases had won the support of various stakeholders including the Ethics and Anti-corruption Commission (EACC), the Director of Public Prosecutions (DPP), and the office of Attorney General.
However, lawyer Peter Wanyama contested the rules, claiming that they were not circulated to the Law Society of Kenya (LSK) and other legal professionals for their input before publication.
Activist Charles Omanga has sought to be enjoined in the case as an interested party.
Through lawyer Aduda Samuel, Omanga defended Maraga, arguing that the law was followed in publishing the rules.
“I have a stake and a right and a keen interest in the recently taken actions by Maraga in a bold move to check the impunity with which corruption has been taking place,” Omanga stated.
