When he returned to court on Tuesday, Senator Okong'o Mogeni maintained that the case involving Deputy Chief Justice Philomena Mwilu is purely civil and should be confined to relevant institution- JSC.
Director of Public Prosecution Noordin Haji had requested the case on alleged tax evasion and money laundering which allegedly led to collapsing of Imperial Bank to be handled by three Supreme Court Judges.
But a defiant Okong'o insisted that the matter ought to be handled by Judicial Service Commission, an argument that was fronted by his fellow Senior Counsel James Orengo.
Whether the judge would grant the request or not, Okong'o's undying spirit has been manifested in several occasions besides victory in Supreme Court on behalf of Raila Odinga.
In the case, Okong'o and his colleagues introduced the aspect of constitutionalism in elections, a similar matter on DJC Mwilu that could throw the judge into a limbo.
So extreme minded he is that even in 2008, when serving as LSK president, he openly rejected President Mwai Kibaki victory.
Three years later, he led an interview as EACC chairman but upon his rejection, he told the media 'God's time is best'.
In 2013, after losing Nyamira senatorial seat, he put a spirited fight throughout and would be rewarded five years later.
And with Mwilu's case on the floor, Mr. Okong'o's undying spirit has once emerged. On 17, Mwilu's fate will be sealed upon the judgment by the presiding judge.
Two issues that may change the dynamic of the case involves constitutionalism and jurisdiction of the matter, something that could act as precedence in future.
Back at home, despite resistance from the ground, it's being rumoured that he will fight to replace Governor John Nyagarama.
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