Chief Justice Martha Koome has addressed the rules governing the conduct of judges and Judicial officers for the first time since Deputy President Rigathi Gachagua unveiled plans to file a petition against Justice Esther Maina.
Addressing journalists outside the Supreme Court on Monday in her capacity as Chairperson of the Judicial Service Commission (JSC), Koome maintained that the body mandated to investigate the conduct of judicial officers was ready to receive the petition and act on it appropriately.
She further revealed that the JSC had developed the code of conduct for judges and magistrates which was approved by Parliament in 2020. Laws governing petitions are still undergoing the approval process.
"I urge our politicians to stop discussing live matters in public to allow the judges to engage with the matters objectively. If somebody is dissatisfied, follow the appeal," she stated.
"I think someone said in the news yesterday one (a petition) will be filed on Thursday. We are ready to receive it even if it comes earlier than Thursday. That is what we do. Even after hours, you can file online and we will receive it the next day."
In her address, the CJ further noted that JSC was cognisant of complaints by President William Ruto over the conduct of some judges and had since written to him requesting for a meeting. They are yet to receive a response.
"We have written requesting an appointment with His Excellency the President so that we as the Commission can have a dialogue to discuss and find out the real issue," she added.
"He might have received reports because we have various machineries charged with the responsibility of collecting information. We want to engage him for that information."
According to the conduct, a judge, magistrate, or Judicial officer can be removed after showing an inability to perform functions due to their mental or physical state, abuse of conduct, bankruptcy, incompetence, or gross misconduct.
Koome revealed that in 2023, 73 petitions were filed from which 13 were dismissed by the commission because issues raised could be addressed through an appeal.
6 judges were asked to respond to petitions from the filings, four of which were admitted for hearings. 49 cases are under preliminary evaluation. In the last two years, four judges were dismissed due to substance abuse.
"The nature of disciplinary cases that the Commission has handled include soliciting for bribes, financial malpractice, absence from duty, acting without jurisdiction, forgery of academic certificates, substance abuse," the CJ added.
On Sunday, Gachagua revealed that he will file the petition on Thursday to remove Justice Esther Maina, claiming that she declared his Ksh202 million wealth proceeds of crime without giving him a chance to defend himself.
"I will lead by example on Thursday this coming week. I will personally present a petition before CJ Koome against Justice Esther Maina for her removal from the Judiciary for misconduct and corruption. She declared my hard-earned wealth as proceeds of crime without giving me an opportunity to be heard", DP Gachagua stated.
Earlier, the Head of State had accused the Judiciary of acting with impunity after frustrating his policies including implementation of the Housing Levy.
