Maraga told to overturn Supreme Court ruling
The new twist puts CJ Maraga at crossroads even as the Court is set to release the full judgement today.
In a petition certified as urgent filed at the Supreme Court, Prof Michael Wainaina has demanded that the decision by the apex court be nullified for grounds that two judges might have been compromised by the petitioner, leading to a skewed judgement.
On September 1, the Supreme Court nullified the August 8 presidential election over allegations of impropriety against two of its judges, who dissented.
In an application dated September 19, Prof Wainaina wants the verdict annulled, saying the judgment can no longer be regarded as a majority decision, if it is proved that Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola were in contact with lawyers who represented Nasa flag bearer Raila Odinga during the hearing of the presidential petition.
Prof Wainaina, through his lawyer Harrison Kinyanjui, argued that the integrity of the majority decision cannot stand in light of the allegations of impropriety, possible corruption, and violation of the Judicial Code of Ethics by the two judges.
“It ought to be vacated in toto, neither can it be regarded any more as a majority decision capable of sustenance,” he said.
He added: “I believe that this now directly impacts on the veracity of the contribution of the said Judges to the proceedings herein and the resultant majority Judgement which I seek to have set aside."
Mr Kinyanjui said the accusations of unlawful interactions of the two judges with the petitioners and their advocates to influence the outcome of the case creates the impression that justice “was peddled for corrupt and undue influence, and was for sale, and, indeed, was sold”.
Meanwhile, the accused lawyer James Orengo has said that the alleged meeting did not happen, blaming the new move as divertory.
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