RECEIVED ~1 AUG 2017 OFFICE OF THE ¢ HIE} Justice Jubilee 1* August,2017 Hon. Mr. Justice Maraga Chief Justice Supreme Court NAIROBI. Rl JUSTICE GEORGE ODUNGA We write to express our utter dismay with High Court Judge, Justice George Odunga, who by virtue of his assignment as a duty judge in the Period beginning on 31 July up to 11" of August will be the one to preside over any disputes before, during and immediately after the electoral process. We have noted his rulings in several cases brought before him by the lawyer of ODM , Senator James Orengo. It was recently revealed that Justice Odunga is related to Siaya Senator, James Orengo. The Judge has nonetheless presided over numerous cases where Senator Orengo is retained as an advocate without disclosing his closeness to the Senator both as a close friend and relative. The said cases include the following: 1. JR case no 648 of 2016 - CORD vs IEBC & KPMG 2. JR case no 637 of 2016 - CORD vs IEBC & others 3. JR case no 378 of 2017 - NASA vs IEBC (with Justices Joel Ngugi & Mativo). 4. JR case no 238 of 2017- NASA Vs IEBC 5. JR Case No 447 of 2017 - Gladwell Otieno vs IEBC. The Petitioner filed a Petition supporting the Petition of NASA Presidential candidate in 2013 and, alongside MR Maina Kiai, is a well-known surrogate of NASA during this election cycle. NASA has claimed victory in public for case filed by the aforesaid individuals. 6. JR case no 647 of 201 - CORD vs AG and National Assembly 7. Petition no 241 of 2017 - Cecil James Oyugi vs IEBC & Another. 8. JR Case no 657 of 2016 - CORD vs Speaker National Assembly & Others. 9. IR no 240 of 2016 - CORD VS IG of Police & others. This is the case that allowed CORD to engage in demonstrations that ulti ately led to the removal of IEBC Commissioners last year. ‘Jubilee House, Pangani interchange, Exit 3, Thika Road P.O, Box 38601-00623, Nairobi - Kenya jubileepamoja ‘Tol: 0771 399841, 0780 184393, 0780 445098, 0704 367983, O717 041240 @e0 SMS 30553 | #TukoPamoja | Email: infoajubilespamoja.co.ke ‘www jublleepamoja.co.keThe Judge and the Senator are, apart from their close family relationship, friends and visit each other often. The cases that the Judge has been presiding over relate to the run up to the General Election and it is not lost on any observer that Hon. Raila Odinga; Justice Odunga and Senator Orengo all hail from Siaya. I am aware that the provisions of the Public Officers Ethics Act require a public officer to recuse himself in the circumstances cited above. Tam in particular aware of the provisions of Rule 5 of the Judicial Officers Ethics Code under the Public Officer Ethics Act which states that “ A Judicial officer shall disqualify himself in proceedings where his impartiality might reasonably be questioned including but not limited to instances in which— (a) he has a personal bias or prejudice concerning a party or his lawyer or personal knowledge of facts in the proceedings before him; (b) he has served as a lawyer in the matter in controversy; (©) he or his family or a close relation has a financial or any other interest that could substantially affect the outcome of the proceedings; or (d) he, or his spouse, or a person related to either of them or the spouse of such person or a friend is a party to the proceedings." We are aware that other Judges recently confronted with similar circumstances, including Justice William Musyoka and Justice Erastus Githinji have, without any prompting by any of the parties before them, elected to recuse themselves. It has come to our attention that the Judge has offered to be the only Judge on duty from 30" July upto 11‘ August 2017 in both the Judicial Review Division as well as the Constitutional Division. These are the two divisions which will handle all disputes leading to the General Election and immediately thereafter. We write to formally notify you that Jubilee political together with our allies are greatly alarmed by this development. We can do no better than to quote the judge in the case where highlighted the need for extreme probity by all state organs by addressing the IEBC in the following terms: “ZT cannot agree more. The 2nd Respondent seems to have forgotten that in 2008 this Country was nearly torn apart due to what was perceived to be a flawed manner in which the elections were conducted. Kenyans expect nothing but the best from the 2nd Respondent this time round."This exhortation carries equal force on all state organs including the Executive, Parliament and the Judiciary. The issue of Justice Odunga, his decisions, his closeness to Senator Orengo will if necessary be tabled before JSC where we shall be ready adduce irrefutable evidence. Short of him recusing himself as act of honour as we would expect in line with rule 5 of the Judicial Officers Ethics Code , we Call for his replacement with another Judge or bench of judges which is not perceived to be hostage to any political party. ~ Raphael Tuju EGH Secretatry General, Jubilee Party