20 September 2017

Kenya: Supreme Court Now Asked Vacate Presidential Petition Judgment

Photo: Capital FM
Supreme Court judges.

Nairobi — Chief Justice David Maraga has been petitioned to vacate the full judgment of the presidential petition to be delivered Wednesday at 10am.

In his petition, Derrick Malika Ngumu claims that he is in possession of what he describes as highly confidential and detailed documents with evidence relating to the misconduct of two Supreme Court judges, Philomena Mwilu and Isaac Lenaola.

"The detailed analysis of the said documents relate to the period around the filing, hearing and determination of the presidential election petition case of Raila Amolo Odinga & another versus Independent Electoral & Boundaries Commission and two others as read and delivered on September 1st," reads part of the petition.

Ngumu argues that the majority ruling issued by the Supreme Court on September 1 is questionable because it contained input from the two whose independence has been put to question through a separate petition.

The petitioner, who identifies himself as the Executive Director of Angaza Empowerment Network based in Mombasa, also argues that the allegations contained in the petition are so grave as to constitute a dire miscarriage of justice and transgression of the law should they be proven as true after a full investigation on the matter.

"It is our humble prayer that on the basis of the foregoing, that you invoke your powers as conferred by the constitution of Kenya in your capacity as the President of the Supreme Court that you forthwith and immediately vacate the judgment in the Raila Amolo Odinga & another versus Independent Electoral & Boundaries Commission and two others."

Ngumu who also refers to himself as a whistleblower says in the petition that it was his civic duty that saw him bring the issue of the impropriety of the said judicial officers to the attention of the Judicial Service Commission (JSC).

"On the 18th September we filed a petition with the Judicial Service Commission praying for the investigation of the grave allegations contained in the documents in our possession," he adds.

The petition which was filed on Monday saw the chairman of the National Council of NGOs Stephen Cheboi calling for the resignation of the Supreme Court judges in a letter to newsrooms.

"These allegations certainly bring to the fore a great and sinking feeling that Kenya did not get an unbiased decision in the petition from its last refuge for justice. This has severely eroded confidence in the Supreme Court and the judgment it delivered on the case," reads part of the statement.

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