Supreme Court Judges Philomena Mwilu, Isaac Lenaola Face Removal after Fresh Ouster Petition

After Nyeri Town MP Ngunjiri Wambugu dropped his ouster petition against Chief Justice David Maraga, two other petitions have been filed with the Judicial Service Commission 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 two were among four Supreme Court judges who overturned President Uhuru Kenyatta’s win in the August 8th General Elections citing irregularities and technicalities that they ruled affected the entire election process.

The petition lodged by Derrick Malika Ngumu, the executive director of the Mombasa-based Angaza Empowerment Network, claims that DCJ Philomena Mwilu 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's phone.

He also alleges that Mwilu held lengthy meeting with Senator Wako on August 17th, 2017 , a day before NASA filed the petition at the Supreme Court.

The petitioner also alleges the topic of conversation centered on the NASA presidential petition.

By failing to disclose to the court the alleged meetings and telephone communication, Malik argues that DCJ Mwilu brings into doubt her impartiality, integrity, independence and exposes judicial misconduct on her part which contravenes “many sections of the Judicial Code of Conduct.”

On the other hand, Justice Isaac Lenaola is accused of holding meetings with Steve Mwenesi, a representative of the Law Society of Kenya, an interested party in the NASA petition.

Malik alleges that Justice Lenaola held a meeting Mwenesi outside the precincts of the court while the hearing of the petition was underway at the Supreme Court. He further claims that Justice Lenaola communicated with NASA principal Moses Wetangula through his son Emmanuel Wetangula and Orange Democratic’s Director of Communication Philip Etale, including holding physical meetings with them while the NASA case was ongoing.

Last week, Nyeri Town MP Ngunjiri Wambugu lodged a petition at the JSC in bid to remove Chief Justice David Maraga from office for alleged orchestration of a judicial coup, but he later withdrew it following instructions by President Uhuru.

Four Supreme Court judges including Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justice Isaac Lenaola and Justice Smokin Wanjala invalidated President Kenyatta’s win. Justices Njoki Ndung'u and Jacktone Ojwang dissented.