Thursday June 11, 2020 – Chief Justice David Maraga is now a man under siege.
After launching a venomous attack against President Uhuru Kenyatta earlier in the week, Maraga is now facing the sack after a petition was filed with the Judicial Service Commission to have him removed.
The petitioner,Timothy Odhiambo, noted that in a recent public statement, the CJ had not tabled any evidence against President Uhuru Kenyatta, making it a personal attack against the President
He further 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 misbehavior.”
“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 to be valid, it is expected to write to the President to form another commission to recommend whether the Judge should be removed or not.
In 2019, a man by the name Yussuf Ibrahim Dimbil filed a petition seeking the removal of the CJ from office, citing gross violation of the Constitution.
Maraga, the President and the Judiciary had been at loggerheads, with the visibly agitated Chief Justice on November 4th, 2019, condemning the Government for budget cuts in the Judiciary.
The upheavals at the Judiciary and Supreme Court in particular, also coincide with the looming succession, as Maraga is expected to retire in 2021.
The Kenyan DAILY POST