Chief Justice Martha Koome has tapped Justice Ong’udi to replace justice Weldon Korir who last month disqualified himself from hearing disputes involving the KTDA and the State.
Chief Justice Martha Koome appointed Justice Hedwig Ong’udi to a three-judge bench to determine a dispute between the State and the Kenya Tea Development Agency(KTDA) over reforms in the tea sector.
The other judges in the bench are justices Anthony Mrima (the presiding judge) and Jesse Nyagah.
While passing the communication on reconstitution of the bench yesterday, the presiding judge also declined a request by KTDA lawyer James Ochieng to give directions on how the dispute will be heard.
Mr Ochieng wanted the court to fix a mention date for the advocates to sort out which application will be dealt with first before the case settles down for hearing.
“In light of the dispute, the ongoings at the KTDA and the near paralysis of the tea sector, we should have a mention date to sort out which application will be heard first,” said Mr Ochieng.
But Justice Mrima declined since the other two judges were not present in the bench. There are two pending applications in the dispute.
This is because there are two parallel sets of advocates, with each claiming to have been appointted by the tea agency.
On one side are the law firms of Guandaru Thuita & Company Advocates, Munyao Muthama and Kashindi Advocates and Kale Maina and Bundotich Advocates instructed by the newly-elected KTDA board of directors to represent the tea agency.
