Supreme Court judges. [Photo/ Euronews]
Two Supreme Court judges are on the spot over alleged gross misconduct during the hearing of the presidential petition.
Angaza Empowerment executive director Derrick Ngumu has filed a petition at the Judicial Service Commission (JSC), seeking to remove Justice Isaac Lenaola and Deputy Chief Justice Philomena Mwilu for allegedly being in contact with NASA representatives, who may have influenced their decision to nullify the presidential election results. The petitioner accuses the judges of being under undue influence from NASA leaders Moses Wetangula and Senator James Orengo — Raila Odinga’s lead lawyer during the case — before invalidating President Uhuru Kenyatta’s win. “Lenaola and Mwilu met Moses Wetang’ula and James Orengo at Skyview apartments, Kileleshwa on August 17 and 18 and the subject of discussion was the presidential petition,” Mr Ngumu says in the petition. The petitioner faults the judges for not disqualifying themselves during the hearing, over their vested interests. “The two did not bring the discussion before the attention of the court or to the parties during the petition,” he says. NASA head of presidential secretariat Willis Otieno was also accused of colluding with Judge Lenaola during the petition. “Lenaola has prior communication with Otieno through phone calls, SMS and physical meetings outside the court precincts,” Ngumu says. “This improper interaction with an interested party brings into question his impartiality, integrity, equality and nondiscrimination,” he adds. Mr Orengo, the lead lawyer for the ODM leader, is accused of communicating with deputy chief justice. The senator is accused of using his sister Margret’s phone to call the judge. “It is within proof that it was actually Orengo, in malevolent disguise, communicating with the DCJ,” he continues.Judge Mwilu, the petition says, held a two-hour meeting with Busia Senator Amos Wako, and later communicated with Senator Wetangula through brother Emmanuel. “The DCJ met with Wetang’ula at Menelik Hospital, a meeting facilitated by Emmanuel several times during the petition period,” the petition says. Last week, Nyeri Town MP Ngunjiri Wambugu filed a petition at the JSC, seeking to remove Chief Justice David Maraga over gross misconduct. He, however, dropped the petition, after the president asked him to.