A petition has been filed with the Judicial Service Commission (JSC) in push for the removal of Chief Justice Willy Mutunga for breaching the constitution.
The petitioner, Isaac Madubwi, argued on Monday that the CJ has gone against the judicial service code of conduct.
He says that Mutunga erred in changing the terms of the conservatory orders issued by on the matter of retirement age of Deputy CJ Kalpana Rawal.
Madubwi wants the commission to determine whether it is proper for the CJ to 'intimidate and harass public officers working in the Supreme Court'.
In the petition, he wants Mutunga probed for attempting to 'forcefully take away a matter or use undue influence to achieve an outcome in a matter which he is an interested party'.
According to Madubwi, Mutunga should have followed the Supreme Court Act which spells that the orders such as the one issued by Njoki Ndung'u can only be changed by a 5-judge bench.
"It is quite unfortunate that the Chief Justice has consistently acted with scant regard of the rule of law bringing disrepute not just to himself and the judiciary abut to the entire legal profession,"
Madubwi's petition read in part.
"This amounts to interference with the independence of another judge is abuse of powers of the office of the Chief Justice," the petitioner said.
"To this end, I am requesting the JSC to investigate and recommend the formation of a tribunal to remove Willy Mutunga from the post of Chief Justice.
Further, I wish to direct the DCI to investigate the abuse of office performed by Mutunga,"
Madubwi said.
Mutunga, who is set to retire on June 16, earlier today directed the hearing on the retirement age of Deputy CJ Kalpana Rawal and Justice Philip Tunoi be heard on Thursday.
The CJ said in a statement that given the speed at which the application was made and public interest it has generated, he decided to .