Nyeri Town MP Ngunjiri Wambugu has accused Chief Justice David Maraga of intimidating other Supreme Court judges into ordering for a fresh presidential election as part of a conspiracy to oust President Uhuru Kenyatta and his deputy William Ruto from power.
Mr Wambugu made the claim in a petition he submitted to the Judicial Service Commission (JSC), seeking the removal of Justice Maraga from office.
The first-time MP claims that the September 1 Supreme Court judgment was the first phase of a ploy by a group of civil society groups to oust Mr Kenyatta from the presidency using the Judiciary.
Mr Ngunjiri alleges that Justice Maraga convened a meeting of the six Supreme Court judges that heard Nasa candidate Raila Odinga’s petition and intimidated them into supporting invalidation of the August 8 polls.
The petition, however, does not specify how Justice Maraga intimidated the judges, even as Mr Wambugu asked the JSC for a hearing date during which he plans to present evidence to back up his claims.
In the judgment whose fine copy is yet to be released, Justices Maraga, Philomena Mwilu (deputy CJ), Smokin Wanjala and Isaac Lenaola ruled in favour of an invalidation while Justices Jackton Ojwang and Njoki Ndung’u dissented to hand Nasa leader Raila Odinga a 4-2 victory.
Mr Wambugu claims that the civil society groups, led by the International Development Law Organisation (IDLO), have in the guise of providing technical and financial support to the Judiciary interfered with its independence.
“The CJ through intimidation, persuasion and undue influence on the judges of the Supreme Court had a judgment delivered in the case of Raila Amolo Odinga vs IEBC in total disregard of basic tenets of the law and evidence before the court, and in a pre-disposed intention to invalidate the presidential election of August 8,” he says.
The MP further claims that Justice Maraga barred Justice Mohammed Ibrahim from preparing a judgment in the petition despite the judge having recovered from an illness.
Mr Ngunjiri reckoned that Justice Maraga has willingly allowed IDLO, led by political analyst Makau Mutua, to take control of the Judiciary and push for a regime change.
He claims that the lobbies have infiltrated the Judicial Training Institute and the National Council for Administration of Justice.
Mr Wambugu further claims that Justice Maraga had several unprofessional phone conversations with lawyers representing Mr Odinga’s National Super Alliance (Nasa).
He wants the CJ’s call records scrutinised at the hearing of his petition.
The MP alleges that programmes IDLO runs in the Judiciary are funded by USAid through a close confidant of Mr Odinga, Zephania Aura.
He adds that the CJ’s trip to Lithuania and failure to attend the opening of Parliament on Tuesday was proof of partisanship. The Lithuania trip, Mr Ngunjiri claims, is suspicious as the country is known as a meeting point for intelligence teams from regime change activists.
Mr Ngunjiri clinched the Nyeri Town seat after garnering 47,949 votes ahead of his closest rival Esther Murugi who got 13,353 votes.