Acting Chief Justice Philomena Mwilu on Thursday appointed a three-judge bench to hear the nine petitions against the nomination and swearing-in of Nairobi Deputy Governor Anne Kananu.
DCJ Mwilu picked Justices Said Chitembwe, Weldon Korir and Wilfrida Okwany to hear the petitions.
"The petitions will be mentioned on April 25, 2021, at 12 pm before the bench. It will be a virtual mention," said the announcement issued by Deputy Registrar at the Constitutional and Human Rights Division, Njeri Thuku.
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Kananu was sworn-in as the Nairobi Deputy Governor on Friday, January 15, shortly after City MCAs vetted and approved her nomination.
High Court judge Anthony Mrima had earlier recused himself from one of the cases challenging the nomination of Kananu as the City Hall deputy boss.
The judge, who is facing a complaint filed by Bunge La Wananchi President Henry Shitanda, recused himself from all matters pending before court challenging Kananu's nomination as the Deputy Governor.
"I hereby recuse myself from this matter as well as all the matters on the Governorship of Nairobi County," ruled the Judge.
He directed that the matter be placed before the Presiding Judge constitution division for further orders and directions on February 10 given the urgency in the matter.
In his ruling, he also cited the consolidation of the petitions as another reason for his recusal from the case.
"The firm of Kithi & Company Advocates appear in one or so of the petitions. As I have previously done, I have always recused myself in any matter where the firm of Kithi & Company Advocates appear unless for reasons otherwise stated. Given the nature and the history of the petitions in this matter, it can only be fair that I opt out of this matter," ruled Justice Mrima.
After the ruling consolidating the petitions was made, a complaint was filed at the Judicial Service Commission on the grounds accusing the court of bias. The matter is still pending.
Law Society of Kenya moved to court seeking orders to suspend the decision of the Nairobi County Assembly made on January 15, 2021, approving the nomination of Anne Kananu.
LSK also urged the court to suspend the decision of the respondents of January 15 to swear her into office.
