Petitioner:Derrick Malika Ngumu is the executive director of Angaza Empowerment Network.
Two petitions have been filed against two Supreme Court judges who nullified the August 8th election.
The petitions are accusing the judges of being In contact with lawyers representing the petitioner Raila Odinga during the hearing of the case challenging President Kenyatta’s victory.
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The Judicial Service Commission (JSC)has been asked to investigate Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola who are accused of gross misconduct in the twin petitions in which the petitioners has attached extensive extracts of phone records detailing the alleged conversation.
The petitioner, Derrick Malika Ngumu,the executive director of Angaza Empowerment Network, a Mombasa based-NGO, wants the judges removed from office, accusing them at gross misconduct and breach of judicial code conduct.
The petitions, which have been received by the JSC,accuse the two of having conducted themselves “under extraneous influence inducements pressures, threats or interference, direct or indirect,from and in conspiracy with counsel,officials and agents of the petitioner in the case – Raila Amollo Odinga and another vs Independent Electoral and Boundaries Commission and two others (2017).”
The judges are accused of having met and exchanged phone calls with lawyers representing Raila and the Law Society of Kenya (LSK) outside the court room during the hearing at the petition.
By a majority, the Supreme Court nullified President Uhuru Kenyatta’s victory on September 1 with Justices Mwalu Lenaola, Chief Justice David Maraga and Justice Smokin Wanjala ruling the elections were flawed.
Justices Njoki Ndungu and Jackton Ojwang in a dissenting opinion, said the presidential election petition did not merit invalidating Uhurus re-election.
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Nyeri Town MP Ngunjth Wambugu last week lodged a petition against Maraga with the JSC but announced he would withdraw it after President Uhuru prevailed upon him to do so.
The documents filed at the JSC painted a picture of a highly-connected petitioner because he has attached phone data records of all the individuals mentioned in the petition.
The petition shows specifics time of calls, duration of the calls and locations the calls were made from during the entire period the Supreme Court was handling the presidential election petition.
It has also captured text messages showing the number of texts outgoing or incoming.
In some cases, the documents filed by the petitioner show that phone numbers belonging to same NASA lawyers and Supreme Court judges were at the same location at the same time, effectively creating a linkage between the judges and the individuals mentioned in the petition.
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Specifically Justice MwiIu is accused of having had telephone conversations and meetings with Raila lead counsel James Orengo, senators Amos Wako, and Moses WetanguIa,who were all directly involved in the case.
“Hon Amos Wako is the senator of Busia County elected on the Orange Democratic Movement (oDM) under the leadership at the first petitioner, Hon Raila Amollo Odinga. The senator is on record as the petitioner’s legal counsel on the case of Raila Amollo Odinga and another vs Independent Electoral and Boundaries Commission and two others (2017) .The DCJ had a meeting and a lengthy conversaton with Wako on August17,2017. The meeting lasted for over two hours and focused primarily on the case NASA was to file before the Supreme Court on August 18, 2017, ” reads the petition.
“The DCJ didn’t bring to the attention of the court or the parties to the case of any ongoing relations with Amos Wako or otherwise and specifically her prior meeting and lengthy communication with the senator with regard to the case before the court.This non-disclosure by the DCJ brings into doubt her integrity, independence and exposes judicial misconduct on her part being a direct contravention of many sections of the Judicial Code Of Conduct.”
All the telephone conversations mentioned in the petition have supporting documents which appear to have been obtained from a telephone service provider because n also contains mast codes and ID numbers ad people involved in the calls.
Mwilu is also accused of having had several lengthy conversations with Senator Orengo through a phone number registered under the name Margaret Orengo who petitioner says is his sister – during the entire period of the petition.
“This telephone number,(number withheld) is the phone number that Hon James Orengo was using to communicate with DCJ during the petition period.
The number is registered under the name of Margaret Orengo.
Margaret Orengo is an elderly arid lowly tailor based in a second floor stall on Luthuli Avenue in Nairobi where she is engaged l.a the business of repair at clothes. She is also a sister to Orengo, the lead counsel in the case in question.It is within proof that it was actually James Orengo in malevolent disguise, communicating with the DCI using a number registered under his sisters’ details says the petitioner.
More Details to Follow…
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