A member of Parliament has now filed a petition seeking the removal of Chief Justice David Maraga barely a day after President Uhuru Kenyatta revealed he was left seething with anger after the highest court in the land annulled his win in the August 8 presidential contest.
Nyeri MP Wambugu Ngunjiri is challenging Justice Maraga’s suitability to head the Supreme Court.
Ngunjiri in the petition filed with the Judicial Service Commission is calling for the removal of the Chief Justice from office siting “gross misconduct” following his ruling on the presidential elections petition.
“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 after filing the petition with JSC secretary Anne Amadi.
Ngunjiri said he has concrete evidence that he will table before the JSC to ensure that Maraga is removed from the Judiciary.
He claims, among others, that the CJ violated the Judicial Code of Conduct and Ethics by allegedly inviting, encouraging and permitting entry into the core of the Judiciary by Non-Governmental Organisations (NGOs), which are known to have influenced the cases against President Uhuru and his deputy William Ruto at the ICC.
The MP alleges the same elements have now captured the Judiciary with the intent of procuring a regime change through judicial radicalism.
He further says in the petition that Justice Maraga allegedly had contacts with the petitioners and their agents behind the back of other Supreme Court judges.
The historic majority ruling by Justice Maraga-led bench has been received differently with President Uhuru leading a personal attack on Maraga and the other Supreme Court judges, terming them “crooks” who worked with the Opposition to rob him of his victory in broad daylight.
He has promised to ‘fix’ the Judiciary if re-elected. However, Nasa, which had filed the petition, hailed the verdict. A full judgement is expected by September 21.
The Constitution of Kenya states the ground for removal of the CJ to be gross misconduct or misbehaviour, incompetence or bankruptcy.