• Petitioner says the content of Maraga's remarks criticising the President and their delivering in a press conference are grounds for removal.
• Maraga said President Kenyatta has undermined the Judiciary, the rule of law and disobeyed the court orders.
Image: /FILE
Woes bedevilling Chief Justice David Maraga have escalated after a man petitioned the Judicial Service Commission to remove him from office.
Maraga is also president of the Judicial Service Commission.
The petition was filed by activist Timothy Odhiambo on Wednesday, two days after Maraga publicly castigated President Uhuru Kenyatta, saying he abdicated his duties and had no respect for the rule of law.
The feud between the two arms of government has been protracted since Maraga joined in nullifying the election of President Uhuru Kenyatta and Deputy President William Ruto in 2017. Since then, Maraga has several times accused the Executive of undermining him as well as the Judiciary and under-funding the courts.
Standing outside the Supreme Court on Monday, the CJ accused the President of failing to appoint the 41 judges recommended by the Judicial Service Commission, as required by law. Uhuru delayed the appointments for six months and said some had integrity issues.
Maraga went ahead to state that the shortage of judges is so dire that the earliest matters can be heard by the Environment and Land courts is in 2022.
The content of his remarks and their delivery in a press conference are among the grounds cited for the CS's removal.
The allegations by Maraga prompted the Kenyatta administration to hit back in a press conference by Attorney General Paul Kihara. The AG said the CJ's public attacks against the President and the Executive at large do not bode well for the country's system of governance and constitutional democracy. He also accused Maraga of violating the norms of communication in government.
Kihara described Maraga's behaviour against the Executive as “persecutory” and said it would interfere with the independence of judges and magistrates, thereby undermining the just resolution of cases.
Article 168(1) of the Constitution provides that a judge of a superior court may be removed from office on grounds of inability to perform the functions of office arising from mental or physical incapacity, gross misconduct and incompetence, among other conditions.
Odhiambo says it is clear Maraga's conduct has breached the code of conduct for judges of superior courts. He also said the CJ is guilty of gross misconduct and misbehaviour.
“I hereby petition this commission to find there are sufficient grounds for the removal of Maraga from the office of Chief Justice and President of the Supreme Court," the petition reads.
(Edited by V. Graham)