A petition has been filed at the Judicial Service Commission (JSC) seeking the investigation and removal from office of two Supreme Court judges, Deputy Chief Justice (DCJ) Philomena Mwilu and Justice Isaac Lenaola over alleged gross misconduct.
The petition filed by Derrick Ngumu, the Executive Director of the Mombasa-based Angaza Empowerment Network, accused the judges of breaching the Judicial Service Commission core values of conduct during the NASA’s petition proceedings to nullify the August 8 presidential election.
He alleges that the Deputy Chief Justice was in contact with Busia Senator Amos Wako, a counsel on record for Raila Odinga, and James Orengo, the lead counsel for the opposition NASA.
Ngumu claims that the DCJ had a lengthy meeting with Senator Wako on August 17, 2017 , a day before the NASA petition was filed at the Supreme Court.
Further, the petitioner alleges the topic of conversation centred on the NASA presidential petition.
Ngumu further says Lenaola was among other issues in constant communication with the NASA head of presidential secretariat as the petition was ongoing.
Earlier, Nyeri Town Member of Parliament Ngunjiri Wambugu had filed a petition at the JSC seeking the removal of Kenyan Chief Justice David Maraga from office following the nullification of the August 8th presidential election.
In the 14-page petition, Wambugu claimed that during the hearing and determination of the presidential petition, the Chief Justice was influenced by The National Super Alliance – NASA political utterances which were made prior to the filing of the presidential petition.
Wambugu accused the Chief Justice of gross misconduct and wanted JSC to investigate the conduct of Judge since his appointment.
The Nyeri Legislator claimed that Justice Maraga did not read through the evidence brought before him during the petition hearing.
Wambugu had equated the nullification of President Uhuru Kenyatta’s August 8 win to a judicial coup and therefore wanted his motives investigated.
The Nyeri Town MP later withdrew his petition after President Uhuru Kenyatta directed him to withdraw the petition and focus on the campaigns for his re-election on October 17th.