A lawyer has petitioned the National Assembly seeking the removal from office of Chief Justice David Maraga and six other members of the Judicial Service Commission (JSC).
Mr Adrian Kamotho Njenga wants the CJ, deputy CJ Philomena Mwilu, Mohamed Warsame, Aggrey Muchelule, Tom Ojienda, Emily Ominde and Mercy Deche removed on what he claims are violations of the Constitution and the law, incompetence and gross misconduct in the performance of their functions.
Mr Njenga accuses Mr Maraga of victimising judges who exhibit diligence, impartiality and judicial independence.
“Mr Maraga and the six JSC members have failed to promote, facilitate the independence and accountability of the Judiciary and transparent administration of justice contrary to Article 172 (1) of the constitution,” Mr Njenga says.
He says the seven have jointly and severally committed acts of gross misconduct in the performance of functions as commissioners. The JSC has in the recent past set up a special committee to investigate the conduct of at least five judges related to their work.
The judges under investigation are Jackton Boma Ojwang of the Supreme Court, Paul Kihara — who until his nomination to take over as Attorney-General after the resignation of Prof Githu Muigai was the President of the Court of Appeal — and justices Erastus Githinji, Fatuma Sichale and Martha Koome.
The special committee is investigating Justice Ojwang over construction of a tarmac road leading to his private residence in his rural area, while Mr Kihara is on the spot over the manner in which he constituted a bench of three to hear an appeal of a High Court decision that annulled the appointment of presiding and returning officers in the repeat October 26 presidential election.