Kenyan Files Petition for Removal of Chief Justice David Maraga

The Judicial Service Commission (JSC) has received a petition for the removal of Chief Justice David Maraga from office. 

The petition filed by Timothy Odhiambo seeks to have Maraga dismissed on the grounds of gross misconduct and misbehavior.

The petitioner claims that by publicly attacking President Kenyatta, Maraga breached the Judicial code of conduct and ethics which state that “a judge shall, as far as is reasonable, conduct himself or herself as to minimize the occasion on which it will be necessary for the judge to be disqualified from hearing and deciding cases.”

The conduct also states that “a judge shall exhibit and promote high standards of judicial conduct in order to enhance public confidence in the judiciary, which is fundamental to the maintenance on judicial independence.”

Maraga is also accused of sub judice for commenting on matters that are presently before the court. During a media briefing this week, Maraga accused President Kenyatta of interfering with the judiciary and disregarding court orders in what could create anarchy. 

“The President has persisted in his refusal despite orders in two cases requiring him to swear in those judges within 14 days,” said Maraga in reference to the 41 judges recommended to Uhuru by JSC for appointment.

“It is important to clearly and categorically state that this shortage of judges and the near paralysis of court operations has been caused by the President. The President has persisted in his refusal despite orders in two cases requiring him to swear in those judges within 14 days.” 

But in a rejoinder, Attorney-General Kihara Kariuki castigated Maraga, saying his attacks on the president appeared to be personal.

“These public attacks which have taken a decidedly personal slant are not only a breach of established norms of Government but are also the more puzzling given the direct lines of communication that exists between the Chief Justice and the President,” said Kihara.