After airing out his grievances with the Executive, Chief Justice David Maraga now is facing the sack after a petition was filed with the Judicial Service Commission to have him removed.
The petitioner, Timothy Odhiambo, noted that in a recent public statement, the CJ had not tabled any evidence against President Uhuru Kenyatta, making it a personal attack against the president
The Kenyan citizen further argued that Maraga's views had created a scenario where Attorney General Paul Kihara would have to recuse himself in cases handled in the Supreme Court.
“It is elaborate that the honourable Justice Maraga, by his conduct, has not only breached the code of conduct prescribed for judges of the superior courts by an Act of Parliament but is also guilty of gross misconduct and misbehaviour.
“I hereby petition this honourable commission to find that there are sufficient grounds for removal of honourable Maraga from the office of the Chief Justice and President of the Supreme Court of Kenya and to, therefore, send this petition to His Excellency the President of the Republic of Kenya for his further action as required under Article 168 of the Constitution," the petition read in part.
According to the Kenyan constitution 2010, a sitting judge can only be removed through a petition filed with the JSC.
If the commission finds the petition to be valid, it is expected to write to the President to form another commission to recommend whether the judge should be removed or not.
In 2019, a man by the name Yussuf Ibrahim Dimbil filed a petition seeking the removal of the CJ from office, citing gross violation of the Constitution by Maraga.
Maraga, the President and the Judiciary had been at loggerheads, with the visibly agitated Chief Justice on November 4, 2019, condemning the government for budget cuts in the Judiciary.
“Some of the incidents that we encounter are deliberate attempts to undermine the judiciary. On many occasions, the judiciary has not been given treatment that is commensurate to other organs of government,” he stated at the time.
Most recently, Maraga on Monday, June 8, complained that the president had refused to appoint judges despite a recommendation by the Judicial Service Commission. This, he stated, had caused legal dents in the commission.
"I must remind you, your excellency, that you swore to defend and uphold the constitution and the laws of Kenya. The constitution requires you to appoint the judges recommended to you by the JSC which you have refused to do," Maraga continued.
The upheavals at the Judiciary, and Supreme Court in particular, also coincide with the looming succession, as Maraga is expected to retire in 2021.
