Deputy Chief Justice Philomena Mwilu will constitute a bench to hear contempt of court proceedings brought against Nasa leaders over the disruption of Thursday’s repeat poll.
Appearing before Deputy Registrar of the Supreme Court on Friday, lawyers for Jubilee and the Independent Electoral and Boundaries Commission (IEBC) were informed that the file will be placed before Justice Mwilu for her to constitute a bench.
It also emerged that Nasa leaders Raila Odinga and Kalonzo Musyoka were yet to file their responses in the case.
Jubilee Party, through its secretary-general Raphael Tuju, wants the two leaders jailed for six months for calling for mass protests with a view to stopping the poll ordered by the apex court on September 1.
President Uhuru Kenyatta’s party accuses Mr Odinga and Mr Musyoka of sabotaging the election yet they are the ones who successfully petitioned the nullification of the August 8 presidential results.
The case was filed by Jubilee on October 19.
Mr Tuju accused the Nasa leaders of embarking on scheme, including use of violence and threats, to sabotage the election.
Mr Odinga asked his supporters to boycott the election and most of them heeded the call and stayed away from polling stations.
Jubilee argued that Nasa has made efforts to ensure that the fresh election failed to take place.
According to Jubilee, through lawyer Tom Macharia, the actions amount to contempt of court and seriously imperil the efficacy and integrity of the court order.
In a sworn statement, Mr Tuju said Nasa leaders organised violent protests in their strongholds and in Nairobi and made demands for the dismissal of IEBC commissioners and officials, a move he said was meant to intimidate the commission into failing to implement the court order.
“These protests, which have led to destruction of property and loss of lives, are aimed at creating an environment where it is not possible to hold an election,” he said.