A petition filed by Nyeri Town MP Ngunjiri Wambugu, seeking to remove Chief Justice David Maraga from office, has alleged that Prof. Makau Mutua was an actor in the process that led to the nullification of President Uhuru Kenyatta's win in the August 8th election.
Prof. Mutua is the Chairperson of the International Development Law Organization (IDLO) Board of Advisors. IDLO is an international intergovernmental organization committed to promoting the rule of law.
Mr Wambugu's petition cites IDLO's involvement in coming up with the Judiciary's blueprint for handling electoral disputes titled; Scrutiny In Electoral Disputes: A Kenyan Judicial Perspective.
The Jubilee lawmaker claims in the petition that Prof. Mutua was in a position to influence the 'knowledge base' used by the Chief Justice in the determination of the petition.
The document (Scrutiny In Electoral Disputes: A Kenyan Judicial Perspective), unveiled by Chief Justice Maraga in 2015, was developed by the Judiciary Training Institute (JTI) in collaboration with a number of other legal bodies, among them the IDLO.
It places an equal emphasis on quantitative and qualitative factors when handling election disputes.
The annulment of President Uhuru's win was informed by qualitative factors, noting massive irregularities in the electoral process.
The document reads in part, "The qualitative principles have their grounding in due process. Due process, which is concerned with the quality of the ballot, is the hallmark of any democratic process."
Prof. Makau Mutua has openly supported National Super Alliance (NASA) Presidential candidate Raila Odinga. The distinguished lawyer was a candidate for the Chief Justice of Kenya seat, a position that was eventually awarded to David Maraga.
The motivation behind Mr Wambugu's petition is being queried considering all this information was in the public domain before the August polls.
A full ruling on the nullification of President Uhuru's re-election is expected from the Supreme Court next week.