Pressure mounts on Supreme Court judges ahead of deadline

Supreme Court judges Njoki Ndung'u, Smokin Wanjala, Philomena Mwilu (Deputy Chief Justice), David Maraga (Chief Justice), Jackton Ojwang and Justice Isaac Lenaola. (Edward Kiplimo,Standard)

Supreme Court judges are braving immense pressure from various interest groups as they prepare to deliver the much-anticipated full judgment of the majority decision nullifying the August 8 presidential poll.

From veiled threats to “fix” them to negative public commentary of their decision, from time constraints to contrived political associations, and from conspiratorial petition to open ridicule from third-rate politicians - the four judges whose decision carried the day are facing rough times.

Maraga removal

To rub salt to injury, NASA and Jubilee have predicated the realisation of the October 17 repeat polls on their varied interpretation of the court’s interim decision. In the middle and running out of time, the IEBC has predicated reforms of their systems on timely release of the full decision of the Supreme Court.

“There is a lot of pressure brought to bear on our colleagues. I cannot even begin to envy what they are going through and the massive mischaracterisation and misunderstanding of their role in all this,” a judicial officer told Saturday Standard.

Four of the judges -- Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Dr Smokin Wanjala and Isaac Lenaola -- are expected to deliver the majority decision before Thursday next week.

Their two colleagues -- Njoki Ndung’u and Prof Jackton Ojwang -- are also expected to issue the full reasoning of their disagreement with their colleagues within 21 days. The seventh judge, Ibrahim Mohamed, was ailing when the presidential election was declared null and void.

On Thursday, the day they were to meet and agree on a date to deliver the full judgment, the judges were thrown off the track by a petition filed by Nyeri Town MP Ngunjiri Wambugu seeking the removal of Justice Maraga on the basis of alleged “gross misconduct”.

In the petition, which he has since abandoned, Wambugu accused Maraga of working in cahoots with non-governmental organisations to bring about regime change, preventing Justice Ibrahim from participating in the decision and delaying delivery of the full judgment among others.

Since attacks on them piled, the six judges are said to have cut down their movements to the bare-minimum in the last two weeks. They have also limited telecommunication interaction and restricted private visitations on themselves as they work round-the-clock to deliver ahead of the deadline.

The four judges are also said to be braving extra pressure of delivering watertight, well-researched and quality judgment that will not be impugned in the court of public opinion like the 2013 one.

Extra mile

Justices Ndung’u and Ojwang must also go an extra-mile to justify their positions and disapprove fears that they buckled under pressure from State elements.

“They are going through a lot. I saw someone withdraw their hand when Justice Maraga stretched his to greet them in a public occasion and it dawned on me that their lives will probably never be the same again,” a source who witnessed a public snub on the country’s top judge said.

Braving the most of the sneers and jeers alongside Maraga are Justices Lenaola and Mwilu, who were appointed and sworn into office by President Kenyatta, the man who they declared was not validly declared as the President elect.

Justice Mwilu’s personal relations have been strewn up in public space by bloggers and lobbyists’ of Jubilee administration.

Lenaola is said to have made impassioned plea on friends and acquaintances to give him space to deliver on his work.