Supreme Court Judges. (Left – Right) Lady Justice Njoki S. Ndungu, Justice (Prof) Jackton Boma Ojwang, Lady Justice Philomena Mbete Mwilu (Deputy Chief Justice), Justice David K. Maraga (Chief Justice), Justice Mohammed K. Ibrahim, Justice Dr Smokin C. Wanjala and Justice Isaac Lenaola. August 26, 2017. [Photo|judiciary.go ke]A Kenyan has filed a petition at the Judicial Service Commission (JSC) asking it to investigate conducts of Deputy Chief Justice Philomena Mwilu and Supreme Court judge Isaac Lenaola.In his affidavit, Derick Malika Ngumu, the Executive Director of Mombasa-based Angaza Empowerment Network, provided evidence of alleged underhand dealings between the National Super Alliance (Nasa) and the mentioned Supreme Court judges before the historic ruling that saw President Uhuru Kenyatta's August 8 presidential win, nullified.He attached what he claim are phone conversation records and meetings between the two, and Nasa lawyers that took place before the ruling was made.
Deputy Chief Justice Philomena Mwilu Ngumu claims Mwilu held a two-hour phone conversation with Nasa lawyer Amos Wako who is also the Busia senator, on Thursday, August 17, but failed to disclose details of the phone call to other judges.She allegedly also communicated with Nasa lead counsel James Orengo through a mobile number registered under Orengo's sister."Between Wednesday, August 6 and Friday, August 18, Mwilu met and had lengthy conversations with Orengo and Moses Wetangula at different places including Menelik Hospital and Sky View apartments, both to be found in Kilimani area," reads the signed affidavit.The Law Society of Kenya (LSK) whose president is Isaac Okerro, has also been mentioned in the saga.
Justice Isaac Lenaola.Lenaola is accused of having a conversation with LSK lawyer Steve Mwenesi as the case was ongoing and also failed to disclose the interactions to the rest of the judges (six).Ngumu has also implicated, Thirdway Alliance leader and presidential candidate Dr Ekuru Aukot and ODM director of communications Philip Etale, saying they were in communication with Supreme Court judges as the case was ongoing.Aukot, used his own mobile phone to call and send text messages while Etale was acting on behalf of ODM party leader, Raila Odinga, for him not to be caught.The allegations came few hours before the Supreme Court could release a detailed judgement that led to the nullification of Kenyatta’s win and calling for a fresh presidential poll, in 60 days starting September 1.
The petition also comes days after Nyeri Town MP Ngunjiri Wambugu filed a petition seeking for the removal of Chief Justice David Maraga, after the ruling.He accused him of gross misconduct. He however withdrew it following Kenyatta's intervention.