Damning revelations have emerged alleging that two of the four Supreme Court Judges who nullified President Uhuru Kenyatta's win were in secret communication with NASA lawyers during the Presidential election petition hearing.
Derrick Malika Ngumu, who is the Executive Director of Angaza Empowerment Network, has filed two petitions claiming Deputy Chief Justice (DCJ) Philomena Mwilu and Justice Isaac Lenaola were in contact with lawyers representing the petitioner Raila Odinga during the hearing of the case.
The petitions filed with the Judicial Service Commission (JSC) accuse the two Justices of gross misconduct with evidence of phone records and also having met lawyers representing Raila and the Law Society of Kenya (LSK) outside the courtroom during the hearing of the petition.
In the petition, the Deputy Chief Justice is accused of having had telephone conversations and meetings with Raila's lead counsel James Orengo, Senators Amos Wako and Moses Wetangula who were all directly linked to the case.
"The DCJ had a meeting and a lengthy conversation with Wako on August 17, 2017. The meeting lasted for over two hours and focused primarily on the case NASA was to file before the Supreme Court on August 18, 2017," the petition reads.
Mr Ngumu states that Justice Mwilu did not bring to the attention of the court her relations with Amos Wako and their prior meetings in regard to the case before the court.
Additionally, the DCJ is accused of having several lengthy conversations with Senator Orengo through a phone number registered under the name Margret Orengo who the petitioner says is James Orengo's sister.
"The DCJ on August 18, 2017, met and had a lengthy meeting with Orengo at Menelik Hospital, Kilimani in Nairobi. The meeting started at 3:43 pm and ended at 9:06 pm.
"In addition, the DCJ met Orengo in the company of Wetangula on the following dates: 6th, 7th, 8th and 18th at the same hospital and on 29th August at Sky View Apartments in Kilimani, Nairobi," the petition further notes.
Mr Ngumu alleges that the meetings were facilitated by Emanuel Wetangula who is the nephew of the Bungoma Senator.
“The DCJ communicated with Moses Wetangula through Emanuel Wetangula who works with the law firm of Mohamed and Muigai Associates. She met with Moses Wetangula at Menelik hospital a meeting facilitated by Emanuel Wetangula several times during the petition period,” he explains.
On his part, Justice Lenaola is accused of having had interactions outside the courtroom with the legal representative of the LSK Steve Mwenesi.
"Supreme Court Judge Lenaola had communication and interactions with Steve Mwenesi outside the precincts of the court while the hearing of the petition at the Supreme Court was ongoing," the petition states.
Mr Ngumu further reveals that Justice Lenaola had several interactions with Wetangula and Presidential Candidate Ekuru Aukot.
The explosive petitions are detailed with the time of calls, duration of the calls and locations of the calls in the period when the Supreme Court was handling the Presidential Petition case.
Moreover, all the telephone conversations mentioned in the petition have supporting documents which appear to have been obtained from a telephone service provider because it also contains mast codes and ID numbers of people involved in the calls.
The revelations come barely 48 hours before the Supreme Court unveils to the public the full judgement of their ruling nullifying President Kenyatta's win.
