Civil Society Plans Demos Outside Supreme Court to Force Two Judges Out of Office

A section of Civil Society groups will be staging a series of demonstrations outside the Supreme Court starting next week to push for the resignation of Justice Isaac Lenaola and Deputy Chief Justice Philomena Mwilu.

Last week, Derrick Ngumu filed two petitions with the Judicial Service Commission against the two judges accusing them of gross misconduct.

Ngumu, the Executive Director of Angaza Empowerment Network in his petitions allege that the duo was in secret communication with lawyers and emissaries representing opposition National Super Alliance during the hearing of the presidential petition.

The law bars a judge from hearing and determining a case in which he has been in contact with parties in the case as this amounts to conflict of interest.

Lenaola and Mwilu were part of the four apex court judges who ruled in favour of nullification of the election, while Justices Njoki Ndung’u and Jackton Ojwangâ dissented.

The Civil Society Development Group (CSDG) on Saturday wrote to the Inspector General of police Joseph Boinnet, notifying him of their plans to hold the demos from Tuesday.

The group said it will be picketing and demonstrating outside the Supreme Court to coerce Lenaola and Mwilu to step aside to pave way for the JSC to investigate them.

“Take note that our actions will be aggressive and peaceful, assertive and honorable oriented towards ensuring both Judges do not access and do not discharge their mandate at the Supreme Court of Kenya until their case is heard and determined by the Judicial Service Commission,”

“We therefore request you to provide all the necessary facilitation, access and security to allow us to discharge our constitutional rights of action against persons and activities odious to the integrity of the Judiciary,” reads the letter signed by a Mr George Miringu.

In his petition, Ngumu accuses Mwilu of having had secret telephone conversations and meetings with Raila’s lead counsel James Orengo and Senators Moses Wetangula and Amos Wako.

He notes that the aforementioned meetings were arranged by Emmanual Wetangula, a nephew to Moses Wetangula.

On the other hand, he alleges that Justice Lenaola had interactions outside the court with Steve Mwenesi, a lawyer who represented the LSK in the petition as amicus curiae and also having had interactions with Wetangula and presidential candidate Ekuru Aukot.

“If the two accused judges will not have resigned by close of business on September 25, we as concerned groups and Kenyans of goodwill will be taking decisive personal and collective action against the two and the Judicial Service Commission under Article 37 of the constitution to ensure they are total strangers to our halls and corridors of justice,”.

“Their (Lenaola and Mwilu’s) continued antagonistic stay maligns the judiciary with a burdensome integrity challenge that could see it lose the steady confidence and trust of all Kenyans,” notes the letter.