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Judicial Coup - Presidential Petition 2017

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Judicial Coup - Presidential Petition 2017 JUDICIAL COUP - PRESIDENTIAL PETITION 2017 Te Judiciary Players Justice David Kenani Maraga ([email protected]) Co-opted into the plan by Civil Society after exit of Mutunga. He has is Name Practice No. Phone No. Role fiercely stubborn and tribal to the core. As Court of Appeal Judge he was chair of Judicial standing committee on election preparedness by Judiciary. Patrick LSK/ 0726325869 Clerk / Researcher attached to the Upon assuming office as CJ, he made it a permanent committee and Martin 2017/4824 Deputy Chief Justice. Among the renamed it. He then helped the Committee open a Private account with an Okang’o pmsokango@y researchers that were incorporated aim of avoiding of avoiding GoK IFMIS accountable process. This is the P105 Number ahoo.com into the scheme to nullify the account that has been receiving money from International Development P.105/7488/09 His office is on elections and operated from Justice Law Organisation. IDLO is chaired by Makau Mutua Ground Floor Maraga house in Karen. His salary is Supreme Court supplemented by IDLO. Currently building next researching on reasons of Justice Philomena Mbete Mwilu ([email protected]) to DCJ office nullification to supplement the She runs the Judiciary. Also head of Judges HR matters. Appoints judges detailed ruling by the coup plotters. to hear cases. Was responsible for constituting cartel judges to listen to He is among those proof reading the NASA and Civil Society court cases vs IEBC. Will also constitute the judges majority judgement to listen to election petitions with a view of nullifying majority of the cases. She has refused to hire a Deputy Chief registrar despite doing interviews so as to continue running HR functions in line with IDLO agenda. Name Practice No. Phone No. Role Peter LSK/ 0721213443 Clerk / Researcher attached to the Justice Smokin Wanjala ([email protected]) Joseph Keya 2017/3307 Deputy Chief Justice. Keya came Justice Wanjala, just like Justice Isaac Lenaola, is eyeing the Chief Justice keyapj@yahoo. with Mwilu from Court of appeal. position after Maraga in 2021. He came under attack after the Mutunga P105 Number com Keya is considered to be very close ruling during the 2013 Presidential Elections Petition. In a similar electoral P.105/6613/07 to Justice Mwilu. He is discreet in his case involving Nadhif Jamma, Wanjala and other Supreme Court judges His office is on operation. He is among the unanimously agreed that one cannot nullify an election because of Last Law Ground Floor researchers allowed access to the indiscretion by election officials. Wanjala took a 180 degrees turn to nullify Firm Supreme Court 8th floor at Crowne Plaza where the the Presidential election of 8th August 2017 Recorded building next Supreme Court Judges had retreated Kibugai & Co. to DCJ office after hearing. Also had access to Justice Isaac Lenaola ([email protected]) Advocates Maraga’s house in Karen. Salary Appointed High Court Judge in August 2003. He has ambition to become supplemented by IDLO. youngest Chief Justice. The Maina Kiai case (Petition No. 206) was first presented to Lenaola in March 2016. He referred the matter to the CJ without a response from the IEBC and the Attorney General who were Name Practice No. Phone No. Role named as respondents. Lenaola left for Arusha immediately after the ruling. He then retreated to Naivasha to write the detailed ruling with help of the Rhoda LSK/ 0721375674 Clerk / Researcher was recruited by IDLO researchers and civil society types. Cherotich 2017/7295 Justice Smokin Wanjala into the Rutto rhorutto@gmail scheme and is attached to him. Like P105 Number .com Okang’o and Keya, she is among the Esther Nyaikaki Onchana - Registrar SC ([email protected]) P.105/5802/05 researchers allowed access to the Phone Number: 0722403483 Her Office is 8th floor at Crowne Plaza where the Operates in discreet manner. She is amongst Maraga’s closest confidant ID Number: on Ground Supreme Court Judges had and operator. Received a call from the Chief Justice to allow NASA to file 22787713 Floor Supreme retreated. Also conducted the Petition documents late in the night and Saturday way past submission Court building inspection of Form 34As & 34Bs at deadline. Used Kevin Goga to backdate the NASA documents from 21st to next to DCJ Milimani Court where she was joined 18th August 2017. Amongst the people who was at Chief Justice’s home in office by Walala, Keya and Okang’o. Karen on Monday 28th August researching on nullification of the Elections. Name Proffession Phone No. Role Name Practice No. Phone No. Role Dickson ICT Officer at 0716248034 Dickson is an IT guru who hails from Eric No Practice 0720768083 Kissinger Walala was Nyamongo Supreme the same locality as the Chief Justice. Kissinger Number yet brought from the High Court in Sokoro Court. dsokoro@gm He was proposed by Maraga to head Walala kissingerwala Milimani temporarily for the Attended ail.com the auditing of the IEBC IT system P105 Number [email protected] purpose of the Presidential Huawei during the Presidential petition. He came P.105/8477/11 m Petition. He is a NASA died University to up with the prayers read by Justice hard and a very slippery Clerk. do an E-Court Lenaola. Using Prof. Ben Sihanya as a From He conducted the tally at Project conduit, he carefully drafted the IT Bungoma Milimani Courts and the protocols to aid NASA case. It is now inspection of Form 34As and From Nyamira evident that Dickson doctored parts of Form 34Bs. His incorporation the joint ICT report before submitting it in the Presidential petition was before the judges. In fact, Dickson solely based on his political prepared the clandestine IT report that leanings. Whether or not he is Senator Orengo introduced in court paid by Civil society is still a illegally. This report formed basis of matter under investigation. He nullification. The coup plotters felt that was among those who were the Court’s IT report was not strong upset after the audit of the enough to be the basis of nullification. forms at Milimani did not reveal major malpractice. Nonetheless, Kissinger went on to package the report in a manner to support the NASA Name Practice No. Phone No. Role evidence. Kelvin Goga Court Officer & 0722807304 He is responsible for Courts Statistics Administrator - and heavily involved in case goga.kelvin@ management. He also oversees the Name Practice No. Phone No. Role Court Assistant gmail.com preparation and proper service of in the Office of correspondence to advocates. The Okiago Completed 0721551615 Momanyi is among clerks that the Deputy Deputy Chief Justice Philomena Mwilu Dalmas Law School a were shortlisted at the Kisii High Chief Justice and Supreme Court Registrar Esther Momanyi few months Court. He is the Personal Nyaikaki identified Kevin because of his ago. Assistant to the Chief Justice and ability to manage records at the also a close confidant. Other Supreme court registry. As such he was He is yet to than the Registrar of the put in touch with NASA legal team so as be admitted Supreme Court Ms. Esther to backdate any documents that were Nyaikaki, Momanyi is the other filed by NASA late. Goga backdated Court Officer who speaks one on NASA documents from 21st August to one with the Chief Justice. He 18th August. The Registrar of Supreme carries CJ’s court documents Court only admitted the errors after the home and back to court. He was red flag was raised by IEBC lawyer used to summon Justice Mwilu, Kamau Karori. Ms. Nyaikaki then said Justice Lenaola and Justice the documents were mistakenly Wanjala to Private meeting that stamped. Incidentally, the documents sealed the petition in favor of admitted late were annexures Form Raila Odinga 34As which were heavily relied on by judges in making the determination. Name Practice No. Phone No. Role Name Practice No. Phone No. Role Emily No Practice 0723765332 Emily is a Clerk attached to Anne Amadi No Practice As Chief Registrar of the Mukami Njiru Number yet Lenaola’s office. Like Rhoda, Keya Otieno Number yet Judiciary Amadi is another key emiliah2005 and Okang’o she is among the cog in the cartel. She is a P105 Number @yahoo.com selected few who had unfettered P105 Number former Director of Litigation at P.105/8836/11 access to the Four Supreme Court P.105/1968/89 FIDA Kenya. Her Civil Society Judges who annulled the background was important elections. Further role is not factor in her recruitment as the known but she is among the Registrar. Like Ominde, she set researchers in the Civil Society the ball rolling in kicking out Payroll. Justice Rawal and Justice She is among those proof Tunoi. Amadi together with the reading the majority judgement DCJ Mwilu are in the Committee for sustaining Judiciary Transformation. Name Practice No. Phone No. Role Name Practice No. Phone No. Role Emily No Practice Emily Onyando Ominde is one of Mamasi No Practice 0723765332 Mamasi is a senior counsel in Onyando Number yet the Cartel’s gatekeepers at the Number yet the Chief Justice’s Office. Ominde Judicial Service Commission. She emiliah2005 Further investigation on role P105 Number is a powerful force. Upon P105 Number @yahoo.com needed. P.105/2040/90 nomination to the JSC, Ominde P.105/8836/11 irregularly promoted herself from Principal Magistrate to Chief Magistrate without going through the position of a Senior Principal Magistrate. She was among the JSC members that influenced the exit of Justice Tunoi and Justice Rawal. She was instrumental in the hiring of Justice Mwilu and Justice Maraga. CHRONOLOGY OF THE JUDICIAL COUP - KEY MILESTONES 2013 2014 2016 2017 MUTUNGA May 2014, Jan 2016 April 26, 2017 Thursday, August 31 introduces IDLO Justice Tunoi is Scheme to control Hiring of 100 8:30PM - Crowne Hotel 8th Floor into Judiciary.
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