Lawyer Philip Murgor wants acting Chief Justice Philomena Mwilu to recuse herself from the interviewing panel for the CJ and Supreme Court judge.
This he said as he responded to a letter to the JSC on LSK President Nelson Havi’s memorandum on his unfitness to hold the CJ position.
According to Murgor, the acting CJ and Havi have a client- advocate relationship hence a conflict of interest.
“At this stage, it bears pointing out that Havi represents DCJ Mwilu in several cases pending before the courts and in complaints pending before the JSC,” says Murgor.
On why Mwilu should disqualify herself from the JSC panel, Murgor says it is the only way to preserve the integrity of the process.
“Indeed, should Havi’s preferred candidate secure the positions, the public perception will be that he and his client Mwilu had all along been working in collusion to achieve a pre-determined outcome of discrediting some candidates to illegally ensure the success of others,” he says.
Murgor also dragged into the matter lawyer Fred Ngatia who like himself is seeking to fill David Maraga’s shoes.
He claimed that Ngatia too was Mwilu’s advocate when she was first vetted in 2012.
He further claims that Havi has been campaigning for Ngatia while disparaging the other candidates.
“The candidates appear to be caught up in a conspiracy between Mwilu and her two advocates,” the lawyer avers.
He adds, “Havi and Mwilu are presumed to consult as often as is required to prepare for the multiplicity of cases or matters which is not a problem but in this case he has been a greatest commentator of the recruitment process on social media.”
Murgor and Ngatia are among ten candidates shortlisted for the CJ post.
Others are; Justice Said Chitembwe, Prof Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Justice Nduma Nderi, Justice William Ouko, Dr Wekesa Moni and Alice Yano.
Those shortlisted for the Supreme Court judge position include; Justice Said Chitembwe, Justice Martha Koome, Justice M’inoti Kathurima, Justice Nduma Nderi, Lumumba Nyaberi, Justice William Ouko, Justice Joseph Sergon and Alice Yano.