• In March, the JSC received a petition seeking the removal of Maraga for among others allegedly employing people from one ethnic group in the Judiciary
• The petitioner further accuses Maraga of lifting a quote from a judgment that was yet to be delivered
The Judicial Service Commission has summoned a man seeking the removal of Chief Justice David Maraga from office over alleged violation of the Constitution.
Yussuf Ibrahim Dimbil is expected at the JSC secretariat on Wednesday at 9am for oral presentation.
A letter from JSC secretary Anne Amadi tells Yussuf to “kindly let us have any documents that you may wish to rely on during the hearing and the list of witnesses who shall be testifying in support of your petition. The said list and documents should be submitted within 14 days from the date hereof to JSC secretariat offices.”
The October 25 letter indicates that during the oral hearing, the petitioner may be accompanied by a legal representative of his choice and that he shall be granted an opportunity to cross-examine the Chief Justice and his witnesses.
In March, the commission received a petition seeking the removal of Maraga from office for among others allegedly attending political rallies, employing people from one ethnic group in the Judiciary and making unconstitutional utterances.
In particular, Yussuf believes that by attending political rallies the CJ violated public trust bestowed on him.
“Maraga has attended political rallies, homecoming ceremonies for politicians and on some occasions made reckless political statements without a care as to their implications to the institutional independence of the Judiciary,” he said through lawyers Charles Koech & Associates.
He also accused Maraga of lifting a quote from a judgment that was yet to be delivered.
The petition alleges that the CJ, in a concurring opinion in the Laikipia gubernatorial petition delivered on February 8, made reference to Wajir gubernatorial election petition, which had not been delivered. The judgment on the latter was delivered on February 15.
When it was delivered, Yussuf alleged that the import of the quote had been changed. He said the action was meant to influence public opinion and the opinion of other members of the Bench in violation of the right to a fair trial.
Further, the petitioner claims the CJ presided over a presidential election petition without disclosing that one of the lawyers in the matter was his nephew.
"That in the presidential petition No 1 of 2017, Brian Onderi who is an advocate of the High Court of Kenya and who was on the record together with other advocates for the petitioner, is a nephew of the Chief Justice."
This, Yussuf argues is critical in that, despite having full knowledge of that fact, Maraga went ahead to hear and determine the petition whereas the basis of the simple fact, bias both in fact and appearance would, to any reasonable person, arise.