BY SAM ALFAN.
Former Cabinet Secretary Raphael Tuju has moved to court to block the sale of his luxurious hotels in Karen, Nairobi.
Tuju, his company Dari limited and children filed an urgent application at the High Court to stop the sale, alienation, sub-division, transfer or any form of interference with the properties known as LR NO. 11320/3 and LR NO. 1066/165.
The former CS wants the court to issue an order directing the parties to maintain the status quo, pending hearing and determination of the case.
“This court be pleased to certify that the Petition and the application herein raise substantial questions of law and forthwith refer the case to the Chief Justice for appointment of a bench of an uneven number of judges being not less than three (3) pursuant to Article 165(4) of the Constitution of Kenya, 2010,” pleads Tuju.
Tuju urged the court to intervene urgently and protect his rights saying no prejudice will be suffered by East African Development Bank (EADB) if the order sought is granted.
Tuju said he was compelled to file the petition after five judges of the Supreme Court recused themselves from the hearing of his appeal.
He revealed that Deputy Chief Justice Philomena Mwilu, Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu and William Ouko pulled out of the case after he filed a complaint with the Judicial Service Commission (JSC) over the manner in which they were handling his case.
Tuju said by recusing themselves, the five judges went ahead and granted orders that had not been sought in the application.
He added that the recusal led to a quorum hitch and the earlist his appeal can be heard in after 12 years.
“The recusal of the five Supreme Court judges results into a quorum hitch in the Supreme Court. The same is improper and offends the letter and Spirit of The Constitution of Kenya, 2010,” adds Tuju.
He further adds that the recusal and subsequent directions issued means that their petition of Appeal can only be heard after a period of twelve years, as this is when the youngest Judge sitting on this bench, shall have retired and a completely new bench shall have taken over.
