Deputy President Rigathi Gachagua has backed down from his intention to file a petition seeking to remove Justice Esther Maina from the bench.
In a statement sent to Kenyans.co.ke by the Office of the Deputy President, the DP acknowledged that he would backtrack from his position, albeit temporarily, following a rejoinder on his comments from Chief Justice Martha Koome.
Further, he called on Kenyans to rally behind Ruto who has been calling for dialogue with Koome over alleged corruption in the Judiciary.
"Deputy President Rigathi Gachagua notes the current national discourse on judicial transparency and application of Article 10 of the Constitution of Kenya on the conduct of Judges and other Judicial Officers.
"He welcomes the statement by Chief Justice Martha Koome inviting dialogue on the critical issue of accountability of the Judiciary, which President William Ruto has embraced. The Deputy President urges all Kenyans to support this process. In this regard, the Deputy President will not proceed with the matter of the petition, for now," read the statement in part.
The DP was to table evidence against the judge today.
He had accused the judge of misconduct. Notably, Justice Maina had ruled against the DP regarding his wealth in the run up to the 2022 General Election.
“I will personally present a petition before Lady Justice Martha Koome against Justice Esther Maina for her removal from the Judiciary for misconduct and corruption.
“That judge, through corruption, declared my hard-earned wealth as proceeds of crime without giving me an opportunity to be heard. Against the rule of evidence, where he who alleges must proof, we made an application to examine the prosecutor and she refused,” the DP alleged while attending a church service in Iten on January 14.
Justice Maina is yet to address the allegations made by the DP.
However, the remarks by the DP did not sit well with the Law Society of Kenya (LSK) which accused the DP of intimidating the judge for ruling against him.
"It suggests to us that the Deputy President does not understand the public trust that repossesses in his office and the requirements contained in the public offices' ethics act and the constitution that the actions and utterances of public officers must bring honour and respect to the offices that they hold," LSK president Eric Theuri stated.
On the other hand, Koome called on leaders who have evidence against any judge, to lodge their complaint through the proper channels.
As per the law, the Judicial Service Commission (JSC) is the body mandated to hear such petitions and make a determination.
