Thursday June 11, 2020 – A middle aged man has petitioned the Judicial Service Commission (JSC) to remove Chief Justice David Maraga for personally attacking President Uhuru Kenyatta.

In a petition to the JSC, Timothy Odhiambo noted that in a recent public statement, Maraga had not tabled any evidence against President Uhuru Kenyatta, making it a personal attack against the Head of State.

Odhiambo argued that Maraga’s views had created a scenario where Attorney General Paul Kihara would have to recuse himself in cases handled in the Supreme Court.

“It is elaborate that the honourable Justice Maraga, by his conduct, has not only breached the code of conduct prescribed for Judges of the superior courts by an Act of Parliament but is also guilty of gross misconduct and misbehaviour.”

“I hereby petition this honourable commission to find that there are sufficient grounds for removal of honourable Maraga from the office of the Chief Justice and President of the Supreme Court of Kenya and to, therefore, send this petition to His Excellency the President of the Republic of Kenya for his further action as required under Article 168 of the Constitution,” the petition read in part.

According to the Kenyan constitution 2010, a sitting Judge can only be removed through a petition filed with the JSC.

If the commission finds the petition valid, it is expected to write to the President to form another commission to recommend whether the Judge should be removed or not.


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