Senior Counsel Ahmednassir Abdullahi has made his threat to file a petition for removal of four supreme court judges.
In a 6000 word petition Abdullahi SC details how the four were comprised to rule in favour of Wajir governor Mohamed.
The four judges are
Lady Justices Njoki Ndungu
Prof Justice JB Ojwang
Dr Justice Smokin Wanjala
Justice Mohamed Imbraim
PARTICULARS OF IMPROPER COMMUNICATION WITH PARTIES TO A JUDICIAL PROCEEDING
62. THAT the conduct of Justice Smokin C. Wanjala and Justice Njoki S. Ndung’u, as shown below, went against all known principles of judicial independence and conduct.
63. THAT Justice Smokin C. Wanjala and Justice Njoki S. Ndung’u, were in constant communication with parties allied to the Appellant (Mohamed Abdi) while the case before the Court was pending.
64. THAT of particular interest are the following persons: [Telephone Numbers redacted and availed separately in confidence as annexed to this petition].
i. Kheira Omar Bardad- the Appellant’s spouse- Telephone No. 07222****9
ii. Hon. Adan Keynan- Telephone No. 07339****0
iii. Hon. Mohamed I. Elmi- Chief Administrative Secretary, Ministry of
Environment- Telephone No. 07218****8
iv. Hon. Aden Keynan’s bodyguard- Telephone No. 07270****3
v. Hon. Njoki Ndung’u- Telephone No. 07214****0
vi. Chemoi- Driver to Hon. Adan Keynan- Telephone No. 07201****6
65. THAT, by way of background, Hon. Adan Keynan is the serving Member to the National Assembly- Eldas Constituency whereas Hon. Mohamed Elmi is the immediate former Member of the National Assembly- Tarbaj Constituency. He now serves as the Chief Administrative Secretary in the Ministry of Environment.
66. THAT both Hon. Keynan and Hon. Elmi are seasoned politicians from Wajir county. In the run-up to the 2017 General election they rallied support behind Mohamed Abdi Mahamud and vigorously campaigned for his election as the Governor of Wajir County.
67. THAT through Hon. Keynan and Hon. Elmi, communication/contact was established with Justice Smokin Wanjala and Justice Njoki Ndung’u; with a view to channel bribes for a positive and intended outcome in Mohamed Abdi’s favour.
68. THAT Hon. Keynan and Hon. Elmi met in early January to plan how they would assist Mohamed Abdi get a favourable outcome from the Supreme Court.
69. THAT subsequent to this meeting, Kheira Omar Bardad contacted Hon. Elmi using her mobile phone after which Hon. Keynan’s driver- Chemoi met with Mohamed Elmi at Kencom House and they (Chemoi and Elmi) drove towards Yaya Centre to deliver money to Hon. Justice Njoki Ndung’u’s associates.
70. THAT subsequent to this meeting, Hon. Elmi contacted Hon. Njoki Ndung’u severally, on her personal line and the two spoke.
71. THAT Hon. Keynan and Hon. Smokin Wanjala have a personal relationship. They were both present in London in April 2018, when they were conferred with Honorary Doctorates by the Commonwealth University, London.
72. THAT as a result of these improper communications, the decision of the Supreme Court leaked and bloggers allied to/working for the Appellant (Mohamed Abdi) were posting the result/ and or outcome before the Judges walked into the Supreme Court, at 1455 hours on 15th February 2019, to deliver Judgement.
73. THAT Mohamednur Dima, under the Facebook pseudonym ‘Amor Mia’ posted a series of posts detailing the result before Justices Maraga CJ and Wanjala SCJ walked in to deliver the Judgment of the Court (at approximately 1458 hrs; viz:
a. At 0923 hrs- “Mwalimu usijali tano yako kamili”
b. At 1445 hrs- “Win for Mwalimu”
c. At 1451 hrs- “Mwalimu 4 against 2”
d. At 1500 hrs- “Maraga and Lenaola are for dissenting voice while the other four are for
74. THAT pursuant to Clause 5 (3) of the Judicial Code of Conduct, a judge is prohibited from initiating or considering ex parte communications on matters before the court or matters that are likely to be brought before the Court.
75. THAT pursuant to Clause 7 (1) of the Judicial Code of Conduct, propriety and the appearance of propriety are essential to the performance of judicial duties.
76. THAT pursuant to Clause 7 (2) of the Judicial Code of Conduct, a judge is obligated to avoid impropriety and the appearance of impropriety in all the judge’s affairs.
PARTICULARS OF CORRUPTION & UNDUE INFLUENCE
77. THAT during the pendency of proceedings before the Supreme Court, there have been corrupt dealings between the Appellant (Mohamed Abdi), through others, and some judges.
78. THAT Hon. Keynan, through his personal relationship with Justice Smokin Wanjala has been the main conduit of bribes to Supreme Court judges.
79. THAT sometimes in September 2018, an exchange of a 75 million-shilling bribe took place at JKIA parking base.
80. THAT the exchange took place between Sheikh Yunis Ibrahim (cousin to Hon. Keynan), of Yunis Osman and Mwiti Advocates, and Hon. Justice Smokin Wanjala.
81. THAT Sheikh Yunis drove to JKIA in a Toyota Landcruiser V8 vehicle with a box packed with Shs. 75 million [in Dollar currency] in the vehicle trunk.
82. THAT at the Airport, Sheikh Yunis pulled up alongside a Prado with tinted windows. The driver of the Prado picked the box of money and took towards the Prado to pass it to the occupant of the vehicle. On opening the door of the vehicle, Hon. Justice Smokin Wanjala was seated inside the vehicle.
83. THAT in early January 2019, Mohamed Abdi instructed the firm of Abdullahi Gitari & Odhiambo LLP), one of his Advocates in Pet. 7/2019, to urgently sell a property.
84. THAT the Property was sold for 60 million shillings; the Vendor being the Appellant’s son. The Property in question is registered under the Government Lands Act; N 48 (Vol) Folio No. 436/41, File No. 422.
85. THAT although the transaction was for sale of land at 60 Million shillings, the Petitioner has information that the money paid was 300 Million shillings.
86. THAT the purpose of the urgent sale was to raise money for bribes to Supreme Court Judges. During the time this transaction was executed, the delivery of the judgment of the Supreme Court was delayed/ stalled.
87. THAT once the transaction was completed and money paid to the Vendor, a series of money transfers were done by the firm of Abdullahi Gitari & Odhiambo LLP; to the following persons:
I. Mohamed Hassan Mire- bank account at a local Bank;
II. Dayib Ali Noor- bank account at a local Bank;
III. Yussuf Mohamed Omar- bank accounts at a local Bank.
88. THAT the transactions which were done on or about the week of 4th-7th February 2019 were meant to completely seal the deal. On 11th February 2019 at between 3-4 p.m. at a local bank at Eastleigh, the son of the Petitioner withdrew the sum of Kshs. 15 million which was given to Adan Keynan to pass on to Hon. Justice Smokin Wanjala. The money was withdrawn from an account of a company associated with the son of the Petitioner.
89. THAT on the 8th of February 2019, at a local bank, through the Account of a law firm that does considerable work for the County Government of Wajir and the Petitioner; substantial sums of monies were withdrawn for purposes of treating the judges and buying their influence.
90. THAT through the above persons, the proceeds of the sale of land were then channeled to Justice Njoki Ndung’u and Justice Smokin Wanjala to obtain a judgement favourable to the Appellant and to corrupt the streams of the justice system.
91. THAT the Appellant (Mohamed Abdi) has been to the Safaricom VIP Centre more than 40 times between mid-January and end-February 2019 to try and tamper with call records and/or erase the trail of communication between parties associated with him and the judges and or their associates.
92. THAT in early March 2019, Kheira received a call from 07221****7 and the caller threatened to swear an affidavit detailing the corruption and go public unless he received 2 million shillings.