
Deputy President Rigathi Gachagua
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Deputy President Kithure Kindiki has weighed in on the escalating controversy surrounding potential efforts to remove Chief Justice Martha Koome and other Supreme Court judges, emphasizing that any such process must strictly adhere to constitutional guidelines.
Kindiki's statement follows recent criticism from his predecessor, Rigathi Gachagua, who accused President William Ruto of orchestrating a campaign to oust Koome. Kindiki asserts that removing a judge is a constitutional matter, not a political or ethnic issue. He emphasizes the need for constitutional and legal arguments and cautions against injecting ethnicity into the discussion.
"Accusers and defenders of judges must rely on constitutional and legal arguments rather than trivializing such a serious legal matter by injecting ethnicity into the equation. Who will defend the judges who may be innocent but do not have ethnic godfathers?" he questions.
Gachagua’s remarks, made during an address in Meru, included a threat to organize protests if Chief Justice Koome were removed. He alleges a targeted effort by President Ruto to purge leaders from the Mount Kenya region who had supported his ascent to power. The debate over the Supreme Court's composition is not new.
Former Law Society of Kenya (LSK) President Nelson Havi and senior advocate Ahmednassir Abdullahi have previously called for an overhaul of the Supreme Court, advocating for the removal of Chief Justice Koome and her six colleagues. Havi has responded to Gachagua's critique by urging the former Deputy President to direct his grievances toward him instead.
Havi states, "Why is Rigathi Gachagua threatening President William Ruto over the removal of Martha Koome from office? Let him threaten and protest against me. I have consistently opposed Koome's suitability for the office of Chief Justice since she applied. This is my battle."
Previous attempts to remove the judges have faced legal obstacles. Moreover, petitions seeking the removal of the seven judges have been filed. However, conservatory orders issued by the High Courts in Narok and Nairobi have, to date, prevented the Judiciary Service Commission (JSC) from proceeding with any action on these petitions.