Chief Justice Evans Gicheru. Photo/ FILE

At the same time, Justice Gicheru has created 10 election courts across the country where the judges will hear 39 election petitions filed by various losers and parties in the December 27 General Election.

Election of 38 MPs is being contested with the other petition involving a voter who has sued President Kibaki, ODM presidential candidate Mr Raila Odinga and ECK as well as two returning officers in Molo and Juja constituencies. 

In an advertisement placed in Friday’s edition of Daily Nation, Justice Gicheru directed that the petitions which will be mentioned on February 11 and 12 will be heard on priority basis.

Those appointed to hear them are Justices Joseph Nyamu, Joseph Sergon, Mohammed Ibrahim, Kihara Kariuki, Daniel Musinga, Luka Kiprotich Kimaru, Festus Azangalala, John Mwera, Isack Lenaola, Alnashir Visram, Frederick Andago Ochieng, Leornard Njagi and Nicholas Ombija.

Others are Lady Justices Wanjiru Karanja, Mary Kasango, Martha Koome and Roseline Wendo.

The election courts will be based in Nairobi, Mombasa, Kisumu, Nakuru, Nyeri, Kisii Machakos, Malindi, Kakamega and Bungoma.

Apart from a petition where a voter Mr Eliphaz Wesangula Keya has sued President Kibaki, Mr Odinga, Electoral Commission of Kenya (ECK) and returning officers; Raban Korallah (Molo) and Watson Mahinda (Juja), all the other petitions will be presided over by one judge. The petition against the five respondents will be heard in Nairobi by Justice Nyamu, Justice Sergon and Lady Justice Wendo.

Apart from a petition challenging the election of Transport minister Chirau Ali Mwakere, all the others will be mentioned on February 11 when hearing dates will be fixed.

The most unique petition is that of Embakasi MP Mellitus Mugabe Were who was shot dead early this week. Save for the fact that he has passed away; it was the only petition that had been filed by more than one petitioner. Those who wanted the late Were’s election declared null and void are Kimeu Daniel Muthama, Kariuki John Ndirangu and Ferdinard Ndungu.

In President Kibaki’s government, cabinet ministers George Saitoti (Internal Security), Moses Wetangula (Foreign Affairs), Mwakere (Transport) and Wilfred Machage (EA Community) are among those facing challenges over their elections as MPs. Also being challenged is the government’s Chief Whip Mr George Thuo.

Some of those being petitioned in ODM include Mr Raila, pentagon member Ms Charity Ngilu and the party Treasurer Mr James Omingo Magara.