Judge, lawyer differ in poll petition

By Wahome Thuku

A history of differences between a High Court judge and a senior lawyer have derailed the hearing of the only pending election petition.

Chief Justice Willy Mutunga may now have to step in and deal with issues between Lady Justice Philomena Mwilu and lawyer Alice Wahome.

Ms Wahome, the petitioner, is challenging the election of James Maina Kamau as Kandara MP.

The petition was filed in 2008 but Justice Mwilu was only appointed in February this year to hear it.

Wahome, who also contested the Kandara seat, wants Justice Mwilu to disqualify herself from the case.

On Monday, she wrote a letter to the CJ demanding that Mwilu’s appointment as the presiding judge in the petition be revoked. She also sought an audience with the CJ.

But the MP wrote a response to the CJ on Wednesday dismissing Wahome’s allegations as baseless.

The differences between Mwilu and Wahome emanate from a recent case filed by the Federation of Women Lawyer (Fida) challenging the appointment of new Supreme Court judges.

Lost the case

Wahome represented Fida while Mwilu was one of the three judges in the matter. An application was made for her to disqualify herself but it was rejected and Fida lost the case.

Wahome claims judge Mwilu did not take their application kindly.

In the letter to the CJ, her lawyer Nelson Havi claims the personal differences have impaired the judge’s impartiality.

"I don’t understand how the judge expects me to stand before her and testify when she has openly stated her dislike for me," Wahome argues.

But in his letter through lawyer Kibe Mungai, the MP accuses her and her political agents of having played a role in the disappearance of electoral material that is supposed to be used in the petition.

Maina accused Wahome of trying to shop for a suitable court to hear and determine her petition.

"Our client believes that the petitioner is simply uncomfortable in the proceeding before Lady Justice Mwilu," lawyer Kibe said.

Make ruling

On his part, the MP is comfortable with the matter being heard by any judge other than Lady Justice Mary Ang’awa.

He has an issue with the manner in which Ang’awa presided over a similar petition that saw former Kamukunji MP Simon Mbugua lose the seat.

Kibe said the law provides ways in which allegations of unconstitutional conduct against a judge should be handled.

The letter was copied to all the advocates in the matter, the judge and the AG. The judge will make a ruling on November 24.