Supreme Court Judge Phillip Tunoi wants one of the judges hearing an appeal he has filed to recuse himself from the case.
Justice Tunoi told the the seven-judge bench on Friday that he had in the past presided over a case in which Justice GBM Kariuki was fined Sh500,000.
Justice Kariuki is the presiding judge in the appeal.
The embattled Supreme Court judge made the application in an appeal he has filed against a High Court ruling that judges retire at the age of 70.
Earlier Friday, journalists and the public were locked out of the case after Justice Tunoi’s lawyers asked the Court of Appeal judges for a private hearing.
Journalists and the public were later allowed in.
The appeal comes as Justice Tunoi is awaiting for President Kenyatta to appoint a tribunal to investigate allegations that he received a Sh200 million bribe to rule in favour of Nairobi Governor Evans Kidero in an election petition.