Okiya Omtatah has accused Chief Justice David Maraga of demeaning the office of the CJ and the status of a supreme court judge as reported by the Standard on Friday, March 6.
The human rights activist filed an appeal before the Judicial Service Commission to have Maraga probed and subsequently ejected over allegations of gross misconduct.
Omtatah alleged that the CJ breached oath of office and acted in a manner unworthy of the office he holds.
He has accused Maraga of interfering with the independence of a judge in a case in which he is up against the government's move to readvertise the position of the auditor general.
Omtatah alleged that the CJ called out a court file from the cause list, a move he termed illegal, which in turn made Labour Court judge Stephen Radido unable deliver his ruling on the case on February 26.
“The judgment in the ELRC Petition No 244 of 2020, was scheduled to be delivered on February 26, 2020, but when it was called out of the causer list, Justice Stephen Radido presiding over the case informed the Court that he could not deliver judgment because Chief Justice had taken the court file from him, and that judgment would be delivered on notice," Omtatah's petition reads in part.
The publication reported that Omtatah had accused Maraga of interfering with the ‘autonomy of the trial judge.’ He argued that CJ's action would only be legit if petitioners in the case made such an application.
As a result, Omtatah called for a probe into Maraga’s conduct alleging he is short of the requirements of the law to occupy the office.
He added that the move by Maraga denied him access to justice as is required by law. He argued that since the action comes after President Uhuru Kenyatta questioned the state of the Judiciary. Omtatah stated that it was time JSC took up the matter into serious consideration.
“The outrageous decision to call for the file from the trial judge, on his on motion, constitutes a gross violation of Constitution to the extent that it interferes with the independence of the judge and administration justice as a whole,”
On January 18, 2020, Justice Radido had ordered the state not to publish, readvertise the position of the auditor general until Omtatah's case had been determined.
“Pending the inter-parties hearing and determination of this application and/or petition, the court hereby issues an interim order prohibiting the respondents and their agents; howsoever acting from giving effect to the advert, howsoever published, re-advertising the vacancy in the office of the Auditor-General and asking qualified and interested persons to apply,” Justice Radido had ruled then.
