On 6th June 2013, Judge G.V. Odunga delivered a ruling on Petition number 232 of 2012:- Dr.Wilfrida Itolondo & Four others v A.G. & Others. The Applicants had petitioned for orders seeking to have the Chief Justice constitute a three-judge bench to hear a case in which the Applicants challenged the legality of Professor Olive Mugenda’s tenure as the Vice Chancellor of Kenyatta University.
In dismissing the Application, the Judge held that for purposes of Article 165(4) of the Constitution, a matter does not become a substantial question of law just because it is of public interest and national importance. Only a matter that regards a fundamental freedom or right in the Bill of Rights or a question respecting the interpretation of the Constitution would be a substantial question of law hence warranting reference to the Chief Justice to constitute a three-judge bench. Since this matter did not regard either, the Application was dismissed with costs.
The 3rd and 4th Respondents were represented by Emmanuel Wetang’ula of Mohammed Muigai Advocates.