A Judge Monday disqualified herself from a case seeking to stop President Uhuru Kenyatta and his deputy William Ruto from attending trials at the International Criminal Court (ICC).
High Court Judge Mumbi Ngugi directed that the case lodged by two petitioners be transferred to the Judicial Review Division.
“I cannot revisit the issue because I have already held in a similar matter that the High Court can’t tell the executive what to do,” said Justice Ngugi.
The judge last month dismissed a similar case filed by the National Conservative Forum seeking orders stopping the President and his deputy from going to The Hague. She ruled that the court had no jurisdiction to issue the orders sought.
Lady Justice Ngugi told the two petitioners, Ken Bartai and Felix Kiprono that she had already made a determination in a similar case and it would be unfair for her to handle a case raising the same issues.
The matter will be mentioned next Monday before the presiding Judge of the Judicial Review Division for directions.
Bartai and Kiprono in the case documents say they are apprehensive that unless the court issues an order stopping the President and his deputy from leaving the country, there is imminent danger that the right to security and representation of Kenyan citizens will be compromised.