BY SAM ALFAN.
A constitutional petition challenging the establishment of the National Government Constituency Development Fund Act has been sent back to the Chief Justice Martha Koome after one of the judges pulled out of the case.
The case, which was filed in 2016 is yet to be be heard and CJ Koome had picked Justices Kanyi Kimono, Roseline Aburili and Jairus Ngaah to hear the matter.
However, lawyers representing Parliament led by senior counsel Otiende Omollo and Peter Kaluma expressed fears that Justice Ngaah might be biased having handled another case that quashed the CDF Act.
The bench at the same time declined to join five members of Parliament who sought to be allowed to participate in the proceedings as interested parties.
The bench observed that the matter before them was filled back in 2016 and was coming up for highlighting submissions.
The judges found that In allowing the 5 members of Parliament who are also lawyers drawn from Kibwezi, Homa Bay, Gatanga, Thataka Nithi and Ainamoi constituencies, saying to allow the new parties at this juncture will delay the hearing and determination of the application.
Activist Wanjiru Gikonyo challenged the fund, which was formed after the old CDF Act was quashed by the High Court.