Why Chief Justice Martha Koome Wants President Uhuru Impeached

Chief Justice Martha Koome wants President Kenyatta impeached for failing to appoint six of the 40 judges nominated by the Judicial Service Commission (JSC) three years ago.

Koome, in an appeal against a High Court ruling, has urged the Appeals Court to declare that the president violated the Constitution by failing to appoint the six judges and that the only solution for the violation is to remove him from office through impeachment.

In the ruling, the High Court directed President Kenyatta to appoint the said judges and if he fails to do so, the Chief Justice takes over the function.

Koome has declined to side-step the President by playing his role of swearing in the judges and wants the Appelate Court to declare that Uhuru violated Articles 3(1) and 166(1)(b) of the Constitution or any other order that secures direct accountability of the President.

“It is proposed that the court makes a declaration that the President… is in violation of Articles 3(1) and 166(1)(b) of the Constitution. A declaration that the appropriate remedy for the violation of Articles 3(1) and 166(1)(b) of the Constitution is impeachment of the President or any other order that secures direct accountability of the President,” CJ Koome says in the court papers.

Kenyatta declined to appoint High Court judges Prof. Joel Ngugi, George Odunga, Aggrey Muchelule, and Weldon Korir to the Court of Appeal, citing integrity issues. The other two nominees, High Court registrar Judith Omange and Chief Magistrate Evans Makori, had been recommended for appointment as High Court judges.

The president noted that he received adverse reports on the six nominees from the National Intelligence Service (NIS) and other security agencies, adding that his conscience was clear.

“I too took an oath to both the letter and spirit of the law and it is not open to me to turn a blind eye to reports of our State agencies,” said Kenyatta.