Petition to remove CJ Maraga filed

A petition seeking the removal of Chief Justice David Maraga from office has been filed with the National Assembly.

Lawyer Adrian Kamotho Njenga wrote to Parliament on Monday accusing Justice Maraga, Deputy Chief Justice Philomena Mwilu and five other members of the Judicial Service Commission (JSC) of violation of the Constitution, gross misconduct and incompetence.

Mr. Kamotho says Justice Maraga, DCJ Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche are unfit to hold office.

“The aforementioned JSC Commissioners have failed to promote and facilitate the independence and accountability of the Judiciary and the transparent administration of Justice contrary to Article 172 (1) of the Constitution,” said Kamotho.

In the petition, which was received by Parliament on Monday February 26, Kamotho says the seven JSC officials have previously contravened Chapter 6 of the Constitution on integrity.

Njenga says the seven have “jointly and severally” committed acts of gross misconduct in the execution of their duties as JSC commissioners.

The little-known lawyer has cited a petition that had been filed by Nyeri Town MP Ngunjiri Wambugu against CJ Maraga, in which the lawmaker claimed that the Chief Justice staged a coup during the Supreme Court ruling on the August 8th presidential poll, and that he had undue influence against the four judges who annulled Kenyatta’s victory.

On DCJ Philomena Mwilu, the petitioner alleges that a petition that was filed by Derick Ngumu on her alleged gross misconduct – including engaging in communication with Siaya Senator James Orengo and Moses Wetangula – during the supreme court case was brushed aside by the JSC.

In his submissions, the lawyer claims that the JSC has continuously shielded, protected and exonerated some judges who have been accused of gross misconduct during their course of work.

Mr. Njenga further accuses the JSC team of “victimization, bullying and arm twisting of judges”. The petitioner citing appellate court judges Erustus Githinji, Martha Koome and Fatuma Sichale as victims of the alleged JSC witch hunt.

Accordng to the lawyer, “the seven JSC members have adopted a subjective, personalised and vindictive style of handling complaints against judges.’’

The Clerk of the National Assembly, Michael Sialai, confirmed that he had received the petition and will hand it to Speaker Justin Muturi to scrutinise its content for further action.

The petition comes amid fears of interference of the Judiciary by the Executive.

Should MPs recommend the formation of a tribunal to investigate the claims, the named members will have to step aside as the probe kicks off.