The petition filed by Derrick Malika Ngumu, the executive director of the Mombasa-based Angaza Empowerment Network, allege that the two supreme court judges were in contact with the lawyers representing the petitioner Raila Odinga, during the hearing of the petition challenging President Kenyatta’s victory declaration on August 11th.
More specifically Mr. Ngumu in his petition before the Judicial Service commission alleges that the DCJ 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 through his sister Margaret Orengo. Mr. Ngumu claims that the DCJ Mwilu had a lengthy meeting 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 Centre on the NASA presidential petition.
Attached to the petition are phone records that indicate that on the 16th of August Justice Lenaola sent text messages to a Mr. Mwenesi, furthermore the justice is alleged to have had interactions with the same Mr. Mwenesi outside court precincts during the trial process, the justice is also alleged to have had meetings with Bungoma Senator Moses Wetangula and petitioner Ekuru Aukot all within the duration of the hearing at the court.
The allegations being levelled against the 2 Supreme Court judges, conclude that the two judges conducted themselves under extraneous influences, inducements, pressures, threats or influences, direct or indirect, from and in conspiracy, with counsel, officials and agents of the petitioner in the case- Raila Odinga
According to Mr. Malika, by failing to bring to the attention of the court the alleged meetings and telephone communication, DCJ Mwilu brought into doubt her impartiality, integrity, independence and exposes judicial misconduct on her part which contravenes “many sections of the Judicial Code of Conduct.”
This comes as the latest contention before the Judicial Service Commission seeking to implicate the Supreme Judicial bench and the root of their determination on the 1st of September. Notably so, Nyeri MP Ngunjiri Wambugu had also sought to debauch Chief Justice David Maraga, but upon further consultation from Party members and President Kenyatta, sought to withdraw his petition.19 days post the supreme determination, 27 days to the ballot take two, all Kenyans can do. ….is wait and see……