Petitioner seeking CJ Maraga’s removal dismisses claims of ill-motivation


Petitioner seeking CJ Maraga's removal dismisses claims of ill-motivation
File image of Chief Justice David Maraga. PHOTO| COURTESY

Petitions seeking the removal of Chief Justice David Maraga and a number of senior judges continue to cause debate in the legal circles with accusations being traded on social and mainstream media.

Lawyer Omwanza Ombati claims the petition filed by Yusuf Ndimbil for CJ Maraga’s removal is ill-motivated and meant to settle political scores.

Ombati alleges that the petitioner Ndimbil is acting on behalf of a governor whose petition was recently dismissed by the Supreme Court.

“The petitions are clearly ill motivated and are advanced as a collateral attack against Hon. CJ Maraga and Judge Warsame who sit in the JSC to listen to the petitions facing four supreme court judges as filed by Kenyans and the great people of Wajir.

” Its is a continuation by an unqualified person to defend the fruits of a poisoned tree. The JSC should stand firm, listen to the veracity of the allegations and evidence tendered and dispense justice without fear or favour,” wrote Ombati on social media in a post titled ‘Education Mess.’

The petitioner has now fired back faulting Lawyer Ombati for insinuating that he was unqualified to fily the petition.

“The Kenyan Constitution is Crystal clear that every Kenyan irrespective of his or her level of education has a right to seek legal redress be it in a court of law or even before an independent commission like the Judicial Service Commission. It is quite mind boggling that Ombati termed Yussuf Dimbil an ‘uneducated mess’ thus according to Ombati seeking Justice should only be the reserve of only the educated few,” responded Ndimbil.

He added: “A lawyer should dwell on the legal aspects of a case and not the persona of the petitioner lest he transgresses into mediocrity like one Ombati.”

Ndimbil says Lawyer should be investigated ” for creating classes among Kenyan citizens on the basis of their literacy status before the Constitution.”

He claims that Lawyer Ombati is related to the Chief Justice hence his fierce opposition of the petition.

“David Maraga is his close relative and was one of the two supreme Court Judges who desented against the ruling that favoured Governor Mohamed Abdi.

Yussuf Dimbil accuses Lawyer Ombati of bench fixing through his close associates; CJ Maraga,Brian Onderi And Justice Mabeya who delivered the High court ruling on the Wajir Gubenatorial race.

In his petition, Yusuf Ndimbil cites gross misconduct and abuse of office as grounds that warrant CJ Maraga’s removal as the President of the Supreme Court.

He also claims that Maraga’s office is full of staff majorly drawn from one community, with official instructions reportedly conducted in the ethnic dialect.

“…the situation is so bad to the extent that meetings and instructions in the said office are conducted in the ethnic dialect of the Chief Justice…” claims the petitioner.

“…A human resource audit of the office of the Chief Justice will clearly indicate that 85% of the workforce being drawn from the Kisii community where the Chief Justice hails…”

The Petitioner also accuses the CJ of making references to the Wajir petition judgement before it was delivered during the Laikipia gubernatorial petition ruling.

“The Laikipia petition judgement was delivered on February 8, 2019 and the Wajir petition was delivered on February 15, 2019. This is not only unprofessional but reeks of gross misconduct,” reads the petition in part.

The petition also questions Maraga’s presence in political rallies attended and addressed by President Uhuru Kenyatta in Kisii and Nyamira counties.

Further, Ndimbil claims that Maraga disregarded the law by endorsing Prof. George Magoha for the Education CS post, way before his grilling by Parliament.

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