Judge recuses himself from Nasa case

Friday July 14 2017

A gavel. Justice William Musyoka recused

A gavel. Justice William Musyoka recused himself from a case filed by Nasa on electronic verification of voters and transmission of results on July 14, 2017. FILE PHOTO | NATION MEDIA GROUP 

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A judge appointed to hear a case that seeks to compel the electoral agency to exclusively use electronic system in the August 8 polls, has disqualified himself citing former engagement with one of the National Super Alliance (Nasa) principals.

Justice William Musyoka recused himself from the case saying he practiced with one of the Nasa principals and it would not be proper for him to sit on the bench.

Justice Musyoka was one of the judges appointed by Chief Justice David Maraga to hear the case alongside Justices George Kimondo and Hedwig Ong’udi.

The Independent Electoral and Boundaries Commission (IEBC) through lawyer Paul Nyamodi, had asked the CJ to appoint a bench of more than two judges or uneven number, to hear the dispute.


The two remaining judges, however, proceeded to hear the preliminaries after excusing their colleague.

They allowed Jubilee Party and the Attorney General to join the case.

In the case, Nasa wants the IEBC compelled to exclusively use electronic system to verify voters’ and transmission of results during the August 8 elections.

The opposition argued that IEBC is time-barred to come up with regulations establishing complementary mechanism for the elections as required by law.

Section 109 of the Elections Act (2011) requires that the mechanism and regulations to be put in place with the approval of Parliament at least 60 days before the General Election.

“There is hardly time to design effective complementary system that can be verified by all concerned parties,” said Nasa through Prof Tom Sihanya.

The Judges directed all the parties to file their responses by Friday evening so that the hearing can take place on Monday, July 17.