Two Supreme Court justices, Deputy Chief Justice (DCJ) Philomena Mwilu and Justice Isaac Lenaola are targets of two petitions lodged with the Judicial Service Commission seeking the investigation and removal from office of over alleged gross misconduct.
The two Supreme Court judges sided with two other justices to form the majority in the 4-2 ruling which annulled the results of the August 8 elections earlier this month.
In a petition filed by Mombasa-based Angaza Empowerment Network executive Director Derrick Malika Ngumu, the Deputy Chief Justice is accused of being in contact with Busia Senator Amos Wako, who is a counsel on record for Raila Odinga, and James Orengo, the lead counsel for the opposition NASA through his sister Margaret Orengo.
Ms Orengo is a tailor located at Luthuli Avenue and her phone is alleged to have been used in the communication with Mr Orengo.
Mr Ngumu in his petition attached extracts of phone records showing communication between the Justices and the NASA lawyers as well as other individuals linked to NASA.
Between Wednesday, August 6 and Friday, August 18, Mwilu met and had lengthy conversations with Orengo and Moses Wetang’ula at different places including Menelik Hospital and Sky View apartments, both in Kilimani area. She is also alleged to have communicated with Wetangula through his nephew NASA principal Moses Wetangula through his nephew Emmanuel Wetangula. The DCJ met with Wetangula several times at the Menelik Hospital.
The petition alleges that DCJ Mwilu had a lengthy meeting which lasted over two hours with Senator Wako on August 17, 2017 with the topic of discussion being the NASA presidential petition, on the eve of the filing of the NASA petition with the Supreme Court.
Mr Ngumu said in the petition that by not disclosing the meetings and the telephone conversations with the NASA lawyers to the courts, the DCJ had brought into doubt her impartiality, integrity, independence and exposes judicial misconduct on her part which contravenes “many sections of the Judicial Code of Conduct.”
Justice Isaac Lenaola
Justice Isaac Lenaola is accused of meeting with LSK representative Steve Mwenesi, who is an interested party in the NASA petition. Mr Ngumu alleges that Justice Lenaola and Mwenesi met outside the precincts of the court while the petition hearing was ongoing at the Supreme Court.
Mr Ngumu also provided supporting documents showing the time, the duration of the call and the location which showed that the two meet as the presidential petition proceedings were ongoing.
The suit also alleges that Justice Lenaola communicated with NASA principal Moses Wetangula through his nephew Emmanuel Wetangula a lawyer with Mohammed and Muigai Associates and ODM’s Director of Communication Philip Etale, including holding physical meetings with them while the NASA case was ongoing.
Justice Lenaola is also alleged to have met with Presidential candidate Ekuru Aukot and ODM director of communications Philip Etale as the petition was still ongoing.