Photo: Senior Counsel Ahmednassir Abdullahi served in the JSC, he believes the Maraga led judiciary is corrupt.
The Judicial Service Commission has been petitioned to remove Chief Justice David Maraga on grounds of gross misconduct and misbehavior
The petition drafted by Timothy Odhiambo seeks to have Chief Justice bundled out of office, citing a breach of the Judicial code of conduct.
The petitioner noted that while Chief Justice is entitled to his right of opinion, his public attacks on the President had gone against the Judicial Code of Conduct and Ethics.
The Judicial code of conduct requires that:
“A judge shall, as far as is reasonable, conduct himself or herself as to minimize the occasion on which it will be necessary for the judge to be disqualified from hearing and deciding cases,”
Further, the code of conduct requires that:
“A judge shall exhibit and promote high standards of judicial conduct in order to enhance public confidence in the judiciary, which is fundamental to the maintenance on judicial independence,”
The Chief Justice has been accused of sub judice- commenting on matters that are currently before court- and in so doing, appeared to pick sides.
According to the Kenyan constitution, a Chief Justice may be removed from office on grounds of: inability to perform the functions of office arising from mental or physical incapacity, a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament; bankruptcy; incompetence; or gross misconduct or misbehavior.
The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.
“The petition has been termed as a waste time, not well thought out and lacks merit to warrant even a hearing at the JSC considering its the same JSC that sent Maraga to make the statement. It should also be noted that CJ Maraga is set to retire in by latest mid next year and therefore the petition is of nuisance value”- Richard Motangi an advocate told this writer.