The National Assembly Speaker Justin Muturi has dismissed a petition seeking to unseat Chief Justice David Maraga and six other Judges. Mr. Muturi shunned the petition on Tuesday terming it as “misplaced, a long shot, pedestrian and a fishing expedition.”
Apparently, Lawyer Adrian Kamotho Njenga wrote to Parliament on Monday, February 25 accusing Justice Maraga, Deputy Chief Justice Philomena Mwilu and five other members of the Judicial Service Commission (JSC) of violation of the Constitution, gross misconduct and incompetence.
Additionally, Mr. Kamotho claimed that Justice Maraga, DCJ Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche were unfit to hold office thus should be ejected.
“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.
Therefore the new face lawyer in his petition, cited a petition that had been filed earlier by Nyeri Town MP Ngunjiri Wambugu against CJ Maraga, in which the legislator argued that the Chief Justice staged a coup during the Supreme Court ruling on the August 8th presidential poll, and that he had undue influence against the four judges who annulled Kenyatta’s victory.
Similarly, on DCJ Philomena Mwilu, the petitioner alleged that a petition that was filed by Derick Ngumu on her alleged gross misconduct including engaging in communication with Siaya Senator James Orengo and Moses Wetangula during the supreme court case which was cast out by the Supreme Court.
On the same note Mr. Njenga claimed that the judiciary has continuously shielded, protected and insulated some judges who have been accused of gross misconduct in their line of duty.
Mr. Njenga further accused Maraga’s team of victimizing, bullying and arm twisting of judges. The petitioner citing appellate court judges Erustus Githinji, Martha Koome and Fatuma Sichale as victims of the alleged JSC witch hunt.
Reasonably the lawyer alleges that the seven judges have adopted a subjective, personalized and vindictive style of handling complaints against judges.
The Clerk of the National Assembly, Michael Sialai, received and handed the petition to Speaker Justin Muturi to scrutinize its content for further action.
The petition comes amid claims of interference of the Judiciary by the Executive. This is attached to the Supreme Court ruling that annulled president Kenyatta’s victory on August 8th terming it null and void.
However, if Parliament had recommended the formation of a tribunal to investigate the claims cited by Njenga the named members would have been forced to step down as the investigation into the matter commences.