“The Notice of Motion concerns whether or not the matter should be heard by a bench of five judges to be appointed by the Honourable Chief Justice. As that question has not been dealt with and given that this petition also contains other issues, none of which matters are before me, I direct that the Notice of Motion filed on the 11th of December 2013 be placed before Lenaola J. for consideration and or further direction,” he stated.
Barasa’s lawyer welcomed this saying that it will lead to a fair hearing.
“Objections were raised as to whether or not these petitions are similar and we are happy that the judge has said that he does not regard them to be similar and therefore, this matter will go back to Justice Lenaola for the determination on the question of our application for a five judge bench to hear that application,” he said.
About The Author
