A Kenyan, Derrick Ngumu, last week filed petitions at the Judicial Service Commission against the two judges accusing them of gross misconduct.
Ngumu, the Executive Director of Angaza Empowerment Network, claimed in the petition the duo was in secret communication with lawyers and emissaries representing NASA during the hearing of the presidential petition.
The law prohibits a judge from hearing and determining a case in which he has been in contact with a litigant as this amounts to conflict of interest.
A Judge who has been in contact with a litigant is required to either disqualify himself from the case or make the revelation to the court prior to the commencement of proceedings.
Mwilu and Lenaola did none of the above before sitting on a seven-judge bench to hear the presidential petition.
Lenaola and Mwilu were part of the four judges who ruled in favour while Justices Njoki Ndung’u and Jackton Ojwang’ dissented.
They say they will picket and demonstrate outside the Supreme Court to force Lenaola and Mwilu to step aside to pave way for the JSC to investigate them.