20 September 2017

Kenya: Supreme Court Asked to Overturn Ruling Over Judges' Conduct

Photo: Jeff Angote/The Nation
President Uhuru Kenyatta with Nasa leader Raila Odinga.

The Supreme Court has been asked to overturn a decision it handed down, nullifying the August 8 presidential election over allegations of impropriety against two of its judges.

In an application dated September 19, Prof Michael Wainaina wants the verdict annulled, saying the judgment can no longer be regarded as a majority decision, if it is proved that Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola were in contact with lawyers who represented Nasa flagbearer Raila Odinga during the hearing of the presidential petition.

Prof Wainaina, through his lawyer Harrison Kinyanjui, argued that the integrity of the majority decision cannot stand in light of the allegations of impropriety, possible corruption, and violation of the Judicial Code of Ethics by the two judges.

"It ought to be vacated in toto, neither can it be regarded any more as a majority decision capable of sustenance," he said.

Mr Kinyanjui said the accusations of unlawful interactions of the two judges with the petitioners and their advocates to influence the outcome of the case creates the impression that justice "was peddled for corrupt and undue influence, and was for sale, and, indeed, was sold".

The court delivered its judgment on September 1.

More on This

Leaked Chebukati Memos Reveal Infighting in Electoral Body

The electoral commission is yet again embroiled in an intense in-house fighting even as the country waits for the… Read more »

Copyright © 2017 The Nation. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 800 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.