Lawyer petitions MPs to remove Maraga, Mwilu from JSC

JSC led by Chief Justice David Maraga during a press conference where he warned politicians attacking the judiciary, September 19, 2017. /MONICAH MWANGI
JSC led by Chief Justice David Maraga during a press conference where he warned politicians attacking the judiciary, September 19, 2017. /MONICAH MWANGI

A lawyer has petitioned the National Assembly to initiate the removal of Chief

Justice

David Maraga, Deputy CJ Philomena Mwilu, and five JSC members for gross misconduct.

Adrian Njenga wants Justice Mohammed Warsame, Aggrey Muchelule, Tom Ojienda, Emily Ominde, and Mercy Deche kicked out of the Judicial Service Commission.

He argues that the lot is unfit to hold the office as JSC members and "should be removed for serious violation of the Constitution."

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Njenga says: "The aforementioned have failed to promote and facilitate the independence and accountability of the Judiciary and the transparent administration of justice."

Njenga accused the persons named in the petition of having shielded, protected and exonerated judges engaged in gross misconduct.

"They have without any constitutional regard or justification dismissed petitions presented to the JSC," he avers in his letter to the National Assembly.

In September last year, Nyeri MP Wambugu Ngunjiri

filed a petition questioning Maraga's suitability.

This came days after the Supreme Court nullified President Uhuru Kenyatta's win in the August 8 general election.

"We must understand that Maraga does not overturn the will of the people, 15 million people...but he has allowed a clique of people to influence him," he told journalists at that time.

The Nyeri Town MP, before he was asked by Uhuru to drop the matter, said Maraga must be removed from office over what he called 'gross misconduct' following the ruling.

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Last week, Uhuru dropped Attorney General Githu Muigai and demoted Solicitor General Njee Muturi in changes viewed to target the Supreme Court and the judiciary.

Githu was replaced by Appeals Court President Mwangi Kihara while Njee's position was taken by lawyer Kennedy Ogetto, who was part of Uhuru's ICC legal team.

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But it is the nomination of three members to the Judicial Service Commission that signalled the President's intention to live up to his threat to "revisit the judiciary".

After the Supreme Court annulled his election on September 1, Uhuru referred to the judges as "Wakora" (crooks) and promised "to revisit" the decision.

The composition of the JSC is crucial, being that it is the employer of judges and the one that receives petitions against judiciary officials.

It has powers to recommend to the President to constitute a tribunal upon finding sufficient grounds to punish a judge.

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