BY SAM ALFAN
Independent Presidential candidate in the August 8th election Mr Michael Wainaina Mwaura has moved to the Supreme court seeking to vacate its order and majority judgment nullifying the victory of President Uhuru Kenyatta.
In his petition Mwaura claims that the damning report published by a local newspaper today has negatively implicated the entire decision by the majority judges of the Supreme Court.
“The entire integrity of the majority decision arising from allegations of impropriety, possible corruption and violation of judicial code of ethics by two of the judges Namely Justice Isaac Leonaola and DCJ Philomena Mwilu who sat to hear the petition as part of the Supreme Court bench,” he said.
The petitioner also claims that the net effect of the impropriety complained of is that the hearing of the petition by NASA was entire sham, a violation of the constitution as the outcome has been be pre determined and the hearing consequential were mere theatrics intended cloak the improper decision with legality.
He says that the integrity of the supreme court in determining the petition and upholding the principles of rule of law, justice transparency, good governance, impartiality, patriotism and Fairless has fallen into a great doubt arising from imputations of impropriety on the part of the said two judges.
“”Pursuant to Article 10(2)(c) and Article 258(1) of the Constitution, the Applicant challenges the lawfulness, propriety, integrity, and fairness of the consequential MAJORITY Judgement of this Honourable Court determined by the majority in favour of the 1st and 2nd Respondents, on 1st September 2017, against the backdrop of the stated improprieties” Wainaina says in the petition.
Wainaina also claims that the judicial policy espoused in article 159(2) (a) of the constitution says that justice shall be done to all, emboundying the equal principle that justice must not only be done but must also be seen to be done.
Through lawyer Harisson Kinyanjui the application says that the principle that justice must not be only be done but also be seen be done was irredeemably infringed upon the recent disclosure of the impropriety interaction between the two judges with the stated emissaries of the IEBC and the President prior to the delivery of the impeach decision, touching on abuse of office, unfairness, corruption allegations which apparently were sorely for purpose of influencing the out come which was ruled on the favour of the Raila Odinga.
He says imputations of corrupt and unlawful interactions with the two judges with the petitioners and report in a daily local newspaper yesterday in order to influence the outcome of the presidential petition in favour of Raila lends the impression that justice before supreme court was peddled for corruption and undue influence and for sale and was sold to Hon Raila Odinga.
The impugned decision carried the contribution of justice leonaola and DCJ Mwilu which unfairly regarded the applicat case under consideration the real danger prejudice, gross miscarriage of justice by the rest of the judges who formed a majority decision, hence the judgment ought to have been vacated,” Wainaina says in the petition.
He says that the matter is of grave public importance touching on the adminstration of justice and is involving an election in which over 15milion Kenyans stood in open, queued and cast their votes to elect their presidential candidate including the him.
In the face if two petitions filed with the Judicial Service Commission in regard to the gross misconduct of the two judges of impropriety and inducement from Raila to promote assist and aid in the rendering of a favourable decision by majority of supreme court in regard to Raila the appearance of bias hovered, and now remain undischarged over the entire decision.
He says that in the raising circumstances, there was no fair trial of the presidential petition before the supreme court since there was violation of the constitution, and if there was fairness ,Justice has not been seen at all.
He says that he was shocked to see the said allegations against the two judges in public domain as contained in the two petitions filed with JSC.
