• Petitioner says 2016 suit was referred to CJ to appoint bench but he failed to act
• Owners wanted the court to restore its property to normal commercial premises
A Rachuonyo resident wants Chief Justice David Maraga removed over loss of public funds for renting premises for the Court of Appeal which were never used.
Fredrick Obilo, 25, has petitioned the Judicial Service Commission saying the CJ failed to terminate the contract for the premises after judges declined to occupy it. He says continued costs led to wastage of public funds.
On January 1, 2013, the Judiciary took over the premises for use as the new Court of Appeal.
Despite completion and possession of the premises, Obilo says, the Judiciary has refused to pay rent and parking fees totaling to Sh126,045,800 and service charge of Sh22.48 million as at March 31, 2015.
This resulted in an Environment and Land Court suit by owners Sealink Holdings limited against the Chief Registrar in 2016.
The matter was referred to the Chief Justice for empanelling of a three-judge bench. But the CJ, court documents read, has kept the matter in abeyance and failed to act on it.
Sealink wanted the court to restore its property from premises of the Judiciary to normal commercial premises fit for general business use. It also wanted the Judiciary to be ordered to pay the accrued rent.
"Despite having knowledge of the case, the CJ has failed to ensure speedy and just hearing of the case. Failure to respect the law or to resolve the ELC matter triggers concerns about the integrity of the CJ,” the petitioner says.
Obilo claims Maraga has demonstrated a breach of the Judicial Code of Conduct in handling the case.
He has urged the court to determine that Maraga's actions amounted to a violation of the Constitution, gross misconduct and breach of Judicial Code of Conduct which initiates the necessary procedures for his removal from office.
The petitioner also wants a tribunal formed to investigate and make its determination on the infractions.
“The CJ should recuse himself from being part of the team that will determine the petition when it comes to the JSC," Obilo says.
He has attached a letter dated January 2016 addressed to Maraga.
The letter drawn by Macharia Mwangi and Njeru Advocates representing Sealink claims that since the building was supposed to be used as courts premises, Sealink made partitions and modifications to the building to suit the environment of a court.
It says despite the Judiciary taking possession of the premises and holding keys, Sealink has been undergoing financial losses.
The letter indicates there has been correspondence between his firm and the Judiciary through the Attorney General for settlement and handing over possession but it has not amounted to an amicable solution.
Edited by R.Wamochie