Jubilee MP petitions JSC for Maraga removal

A Jubilee MP has filed a petition seeking the removal of the Chief Justice over alleged gross misconduct following nullification of the presidential election results.

The Nyeri Town MP, Ngunjiri Wambugu, wants the  Judicial Service Commission (JSC) to launch process to sack Chief Justice David Maraga for allegedly ‘orchestrating regime change’ plot over the nullification of President Uhuru Kenyatta’s win.

Speaking outside the Supreme Court after filing the petition before the JSC, Wambugu accused CJ Maraga of instituting a judicial coup by unduly influencing his fellow Supreme Court judges to nvalidate the re-election of President Uhuru Kenyatta.

The MP sensationally claims that CJ Maraga stopped Justice Mohamed Ibrahim from taking part in the NASA petition. Justice Ibrahim was taken ill during the NASA petition hearing and did not render a judgment on the case.

In his petition, Ngunjiri claims Maraga allowed civil activists opposed to the Jubilee government to fund the Judiciary through The International Development Law Organization (IDLO). Ngunjiri claims renowned legal scholar, Prof Makau Mutua, who is a vocal critic of President Kenyatta is an IDLO board member, an organization whose intent he claims is to subvert judicial independence.

Supreme Court ruling

On September 1, the Supreme Court nullified the re-election of President Kenyatta ruling that the electoral commission “failed, neglected, or refused to conduct the presidential election in a manner consistent with the dictates of the Constitution.”

Four Judges including the Chief Justice, Deputy Chief Justice Philomena Mwili, Smoking Wanjala and Isaac Lenaola invalidated the presidential election citing irregularities and illegalities in the transmission of results which was done manually and electronically.

However, Justices Njoki Ndung’u and JB Ojwang dissented. Justice Ibrahim did not deliver his judgment after having been taken ill on the second day of hearing.

Following the nullification of his win, President Kenyatta lashed out at the Supreme Court Judges calling them “wakoras” (thugs) but has since explained his outburst as “only human” at a meeting with Kisii leaders, the community from which Maraga comes from.

Kenyans are still eagerly waiting for the full Supreme Court judgement to understand the full basis on which the historic ruling was made. The judges have nine days to deliver the judgement.

Already, the electoral commission has set October 17 as the new date for the presidential election re-run even which the opposition NASA has threatened to boycott unless personnel changes are made at the Independent Electoral and Boundaries Commission are made, including the sacking of the chief executive officer Ezra Chiloba.

REACTIONS

Meru Senator Mithika Linturi (Jubilee) has distanced himself from Wambugu’s petition, saying the “independence of the Judiciary is not negotiable in terms of how they render judicial decisions.”

The petition has sent Kenyans on Twitter on spin pushing #MaragaPetition top on Kenya trends.

Lawyer Donald Kipkorir termed the petition to remove Maraga for his fidelity to the Constitution “political terrorism.”