AG dismisses teachers' bid to disqualify judges

Politics and policy

Attorney-General Githu Muigai. PHOTO | FILE 

By SANDRA CHAO-BLASTO, schao@ke.nationmedia.com

In Summary

• Attorney General Githu Muigai earlier Tuesday asked a five judge bench to dismiss the application terming it a frivolous application.
• The Teachers Service Commission through their lawyer Fred Ngatia said the allegations being raised in Kenya National Union’s (Knut) application are weighty and the need for them to substantiate them.

The government wants the court of appeal to dismiss an application filed by teachers to have the judges listening to their case to disqualify themselves.

Attorney General Githu Muigai earlier on Tuesday asked a five judge bench to dismiss the application terming it a frivolous application.

“The application cannot be seen in isolation, it is a further mutation of the previous one that sought to have a larger bench appointed,” he said.

Salaries and Remuneration Commission (SRC) lawyer Pheroze Nowrojee said the application made did not provide any evidence for the judges to consider as a basis for their disqualification in hearing the case.

Substantiate

The Teachers Service Commission through their lawyer Fred Ngatia said the allegations being raised in Kenya National Union’s (Knut) application are weighty and the need for them to substantiate them.

“We cannot let them get away with an application that is based on suspicion, an appearance of bias and the feelings of the applicant,” he said.

The bench consisting of Justices Martha Koome, Philomena Mwilu, Prof James Odek, Festus Azangalala and Erastus Githinji, will rule on the matter at 2.30 pm Tuesday.