Jubilee MPs plan Judge Odunga motion over Cord bias claims

High Court judge George Odunga. PHOTO | FILE

What you need to know:

  • Majority Leader Aden Duale Thursday said he will sponsor a Motion when Parliament resumes from Christmas recess on January 24, 2017 to determine Mr Odunga’s fate.

Jubilee MPs have announced plans to discuss the conduct of High Court Judge George Odunga over claims that he has been delivering rulings that are sympathetic to the opposition Cord coalition.

Majority Leader Aden Duale Thursday said he will sponsor a Motion when Parliament resumes from Christmas recess on January 24, 2017 to determine Mr Odunga’s fate.

“He has been making rulings that are openly biased and in favour of the opposition. We know your (Justice Odunga’s) game,” Mr Duale said shortly after Jubilee MPs secured amendments to the elections law that will enable the Independent Electoral and Boundaries Commission (IEBC) to employ manual voter identification and transmission of election results in the event of failure of the electronic system.

Jubilee bulldozed the controversial amendments to the Elections Laws (Amendment) Act, 2016 after opposition MPs stormed out of the chaotic chambers.

“Justice Odunga must be told that Parliament has its own calendar. We are sending a clear message to the judge that I will introduce a motion to discuss him.

“You, one judge Odunga on January 24, 2017, we will discuss you and we will expose you. You cannot be a member of the Bench and play tribal politics,” he said.

Mr Duale made the remarks as Justice Odunga was hearing an urgent petition filed by Cord questioning the legality of yesterday’s special sitting.

Cord had moved to court through Siaya Senator James Orengo seeking orders to stop the controversial sitting.

Justice Odunga, however, declined to stop Parliament from debating changes to the Elections Law (Amendment) Act, 2016 on grounds that Cord did not give sufficient grounds to compel the court to interfere with the legislative process.

The judge, however, said that Cord can later move to court to seek orders on the new amendments.
Justice Odunga on Monday ordered the quashing of the award of the Sh2.5 billion ballot papers tender following Cord’s urgent application.

The opposition said the awarding of the tender was contrary to election laws and the Public Procurement and Assets Disposal Act.

Mr Orengo appeared before Justice Odunga and secured ex-parte orders stopping the Independent Electoral and Boundaries Commission (IEBC) from awarding the tender to Dubai based Al Ghurair Printing and Publishing Company, pending the hearing of a case filed by Cord.

The judge said Cord had made an arguable case that the IEBC awarded the tender using a repealed law.

Mr Odunga certified the matter urgent as it involves the General Election, which is of great public interest, hence, the need to handle it swiftly.

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