Derrick Ngumu, executive director of Angaza Empowerment Network, has accused the judges of gross misconduct.
He says that the two breached the commission’s code of conduct during proceedings for the presidential petition hearing filed by NASA’s Raila Odinga and Kalonzo Musyoka.
The petition shows collusion between the two judges and NASA leaders, Moses Wetangula and Siaya Senator, James Orengo to overturn the 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,” Ngumu says in the damning petition.
“The two did not bring the discussion before the attention of the court or to the parties during the petition,” he added.
In his petition, Ngumu accuses ODM communications director, Philip Etale of being in touch with Justice Lenaola outside the court room. The two are said to have made phone calls, text messages and even met in person.
Also meeting with the Judge was NASA head of presidential secretariat Willis Otieno as the petition was ongoing.
“Lenaola has prior communciation 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.”
Orengo is said to have communicated with Lenaola but using a phone number registered under his sister, Margaret.
“It is within proof that it was actually Orengo, in malevolent disguise, communicating with the DCJ,” he continues.
The lawyer met with the SCORK judge at the Menelik Hospital in Kilimani, Nairobi in August 6 and 8, then met at the Skyview apartments on 29.
DCJ Muilu is also said to have held a 2 hour meeting with Amos Wako and later communicated with Wetangula but through Emmanuel Wetangula.
Ngumu also says the DCJ met Busia Senator Amos Wako of ODM for two hours, and communicated with Wetang’ula through an Emmanuel Wetang’ula.
“The DCJ met with Wetang’ula at Menelik Hospital, a meeting facilitated by Emmanuel several times during the petition period.”
Thirdway Alliance candidate, Ekuru Aukot was also in communication with the DCJ.
“On August 17, Aukot had a phone call with the judge and a series of text messages at 5.24pm and 5.47pm. They also communicated on August 18 between 2.47pm and 2.51pm.”
Nyeri Town Mp, Wambugu Ngunjiri on Wednesday filed a petition with the JSC seeking to oust Chief Justice David Maraga.
The legislator withdrew his case after President uhuru Kenyatta’s intervention.
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