The Jubilee Party is now accusing judges who handled the case on the tender for printing ballot papers of conflict of interest.
Speaking Monday at the party’s headquarters in Pangani, Nairobi, Jubilee leaders led by Secretary-General Raphael Tuju said that Judges George Odunga and William Ouko should have recused themselves due to conflict of interest.
According to the Jubilee leaders, Judge Odunga’s wife is Siaya Senator James Orengo’s niece while Judge Ouko is related to Nasa presidential candidate Raila Odinga's wife, Ida.
“We are shocked and concerned that some judges handling the cases did not declare conflict of interest.
“We respect the Judiciary but we have a right to critique them,” Mr Tuju said.
Senate Majority Leader Kithure Kindiki said that what President Kenyatta said while speaking in Baringo on Sunday is the position of the party.
“We know how grave it is when judges are biased and we are not taking this lightly.
“In law, even a perception of bias is enough for a judge to recuse themselves,” said Prof Kindiki.
He at the same time insisted that Jubilee will not agree to have the elections postponed.
“We will not entertain any discussion or a thought in the remotest sense that the election date can be interfered with
Prof Kindiki added that the party has no interest in the ballot papers printing tender award.
“We are not interested on who will win the tender to print ballot papers and so we will not sit in a meeting to discuss the tender,” said Prof Kindiki.
However, he said they would attend the meeting called by IEBC at Hilton Hotel later Monday afternoon.
Prof Kindiki, at the same time, refuted claims that Jubilee leaders are attacking the Judiciary.
“We are not attacking the Judiciary. Lawyers criticise judgements every day. You cannot muzzle us not to comment on what we believe is a bad judgment,” he said.
Prof Kindiki also rubbished the Law Society of Kenya's statement attacking comments associated with the President on the ballot tender case.
"LSK should stop these one-sided statements. When Nasa threatened IEBC not to file an appeal, I did not hear LSK say anything," Prof Kindiki said.
Senate Deputy Majority Leader Kipchumba Murkomen said that the Judiciary “can be, and as we speak is, a threat to the rule of law”.