Deputy Chief Justice Philomena Mwilu has stepped aside from the appeal lodged by businessman Geoffrey Asanyo.
Mr Asanyo was contesting the dismissal of his Ksh43million compensation for unlawful arrest and malicious prosecution in 2002.
Justice Mwilu excluded herself from the case since Asanyo’s lawyer, Okong’o Omogeni, is among her defence team challenging her proposed prosecution over corruption allegations.
A five-judge High Court bench is handling Mwilu’s constitutional petition and will deliver its judgment on May 31.
Senior State Counsel Cliff Menge, representing the Attorney General, had applied for an adjournment on grounds that he had filed an urgent application before the Court of Appeal that was pending adjudication.
Justice Mwilu, sitting with Justices Ibrahim Mohamed, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola, postponed the hearing of the matter to await the appointment of a fresh bench.
Asanyo had sued the Attorney General, on behalf of the defunct Kenya Anti-Corruption Commission (Kaca), for unlawful arrest and prosecution.
He had been charged in 2002 with allegedly corruptly giving Ksh180,000 to the former Town Clerk of the defunct Nairobi City Council, Zipporah Wandera, as an inducement for her to facilitate payments to Makana Motors Ltd.