The Judicial Service Commission (JSC) has received a petition seeking the removal of Court of Appeal judge and member of the same commission Mohammed Warsame.
Wardere Mohamud Bule, the petitioner, through the law firm of Cheboi Kiprono advocates, claims Warsame is in breach of the judicial code of conduct and corrupt.
The petition against Justice Warsame comes in the wake of another petition seeking the removal of four Supreme Court judges.
Former Wajir governor Ahmed Abdullahi and Ahmed Muhumed Abdi, who lost in the governor petition, want JSC to investigate justices Jackton Ojwang’, Mohamed Ibrahim, Smokin Wanjala and Njoki Ndung’u over bribery allegations.
The four voted four-to-two to dismiss the petition. Only Chief Justice David Maraga and Justice Isaac Lenaola voted to uphold Court of Appeal ruling which had nullified Governor Mohammed Abdi election.
According to the petitioner, Justice Warsame is involved in an elaborate plot with Senior Counsel Ahmednasir Abdullahi to capture the Judiciary at all levels thereby undermining constitutionalism, rule of law and national security.
The petitioner claims the two enjoy a close personal and client-advocate relationship and are also business partners.
“Such dalliance and friendship is human and acceptable if it does not cross the line of the judge’s discharge of his duties but the honourable Judge has merged his personal relationship and public duty,” said Bule in the petition.
He accused Warsame of being a “co-conspirator with Ahmednasir in court of appeal bench fixing, conduits of bribes to fellow court of appeal judges and looking the other way in cases of patent conflicts of interests”.
Bule alleges Justice Warsame received Sh72 million from Ahmednasir for transmission to his colleagues in the court of appeal to influence the outcome of several cases, particularly election petitions, before the court.
According to the petitioner, Warsame received Sh20 million for the Wajir governor election petition, Sh12 million in the Wajir West election petition, Sh25 million in the Machakos governor election petition and Sh15 million in the appeal where two Iranians were convicted of terrorism related charges in 2012.
He says that under a separate confidential cover, he would furnish the commission with details of the improper contacts between Warsame and Abdullahi, and particulars of payments, during the hearing of the case.
Last year, Parliament was barred by the High Court from vetting Warsame following his re-election to represent the Court of Appeal at JSC. The High Court ruling followed a suit by the Law Society of Kenya.