Lawyer Apollo Mboya on Thursday petitioned the Judicial Service Commission (JSC) to remove the President of the Appeal Court Justice Kihara Kariuki and his colleagues’ judges Erastus Githinji, Martha Koome, and Fatuma Sichale.
The ex-LSK CEO renewed his fight with the judges accusing justice Kariuki of forming a bench to sit on October 25, a day that was set aside as a public holiday.
He argues that the bench, therefore, unlawfully suspended a High Court decision declaring the appointment of IEBC returning officers illegal.
Mboya claims that Chief Justice David Maraga did not authorise the sitting from which the decision was reached and wants the judges punished on grounds of gross misconduct and misbehavior.
The CJ directed all courts to close down on the public holiday apart of the Supreme Court which was then handling a case that had sought to stop the presidential elections.
He also allowed the constitutional Division of the High court to sit.
Justice Kihara, on October 25, directed the three judges to hear an appeal against Justice George Odunga’s ruling that declared returning officers unlawfully gazetted, hours to the repeat presidential elections.
The judges, after hearing the appeal, went ahead and reversed the decision.
Their decision, however, did not go down well with Mboya, who sensationally through his social media accounts claimed that the court did not sit, and that only one judge wrote the ruling and sent it to other two who appended their signatures.
Responding to Mboya's claim, Court of Appeal Registrar Moses Serem, reiterated that the appeal was heard and determined by three judges.
While reversing the order and giving the October 26 clean bill of health, the judges noted that the decision by judges Odunga had the potential of rendering the repeat presidential irregular even before they were held thus precipitating another election outside 60 days in contravention of the provisions of Article 140(3) of the Constitution.
Odunga had hours earlier faulted the IEBC over the appointments, but the judge said he would not cancel or postpone the election.
The former LSK boss says on November 6, he made a freedom of information request seeking to find out the circumstances leading to the order.
The lawyer says the information was not provided to him, thus violating his rights to freedom of expression including freedom to seek information.
He says the judges engaged in acts of in subornation to the CJ on his directive of the sittings of the court during the public holiday.
Mboya, therefore, wants the JSC to determine the action of the four judges as amounting to incompatible with the status of judges of Court of Appeal.
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