Petition to Oust Chief Justice David Maraga from Office Flops

A petition seeking to oust Chief Justice David Maraga and six other Judiciary officers from office has been rejected by National Assembly Speaker Justice Muturi.

On Tuesday, Muturi dismissed the petition filed by a city lawyer, terming it as “misplaced, a long shot, pedestrian and a fishing expedition.”

"The House will not look at the content of the document ... the petition falls on on its own sword," he said at Parliament.

"The petition has failed miserably. The petition is not admissible as it seeks the removal of JSC members in a manner that is unknown and not contemplative. It is fatal."

On Monday, little-known lawyer Adrian Kamotho Njenga wrote to Parliament accusing Justice Maraga, Deputy Chief Justice Philomena Mwilu and five other commissioners of the Judicial Service Commission (JSC) of violation of the Constitution, gross misconduct and incompetence.

He said that Maraga, Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche were not fit to hold office.

“The aforementioned JSC Commissioners have failed to promote and facilitate the independence and accountability of the Judiciary and the transparent administration of Justice contrary to Article 172 (1) of the Constitution,” said Kamotho.

Kamotho further claimed that the seven jointly and severally committed acts of gross misconduct in the execution of their duties as JSC officials.

He also claimed that the seven officials have in the past violated Chapter 6 of the Constitution on integrity. Njenga further alleged that Maraga and Co shielded, protected and exonerated judges said to have been engaged in gross misconduct.

"They have without any constitutional regard or justification dismissed petitions presented to the JSC."