Chief Justice, David Maraga, is a man under siege again after another petitioner went to court seeking his ouster.
Fredrick Obilo wants the Chief Justice removed from office, saying he failed to constitute a bench to hear and determine a pending lease row over the Elgon Building in Nairobi.
The basis of the petition by Obilo arises from an Environment and Land Court case over Elgon Building, which was to host the Judiciary.
The suit is between Sealink Holdings Ltd and another vs Chief Registrar of the Judiciary and two others, which was filed on May 10, 2016, which is still pending for determination.
In his suit documents, Obilo claimed that a dispute has been pending in court since 2016 over the building because the Judiciary had not paid rent as well as parking fees on one part and service charge on the other for the premise despite its completion and possession of the lease.
“Despite having knowledge of the case, the CJ has failed to invoke the provisions of Article 159 to ensure speedy and just hearing of the case,” he stated.
The petitioner claims that on January 1, 2013, the Judiciary took over the premises for use as the new Court of Appeal premises.
“That despite completion and possession of the leased premises, the Judiciary has refused to pay rent and parking fees on the one part and service charge on the other part in accrued sum of Ksh122 million and Ksh22.48 million as at March 31, 2015,” the petition read in part.
Obilo accuses the CJ of failing to put an end to wastage of public funds through the leased premise; and failing to help find a speedy resolution to the stalemate.
As a result, he argues that the failure amounts to gross misconduct, which could warrant the CJ’s removal from office.
According to the duly signed lease agreements, the Judiciary eventually leased 47,890 square feet at a monthly charge of Ksh5,845,633 translating to Ksh70,147,605 annually.
