A private citizen has filed a petition seeking to remove Chief Justice Martha Koome from office over what he describes as failing to adhere to the law while appointing members of the tax appeal tribunal.
In a petition obtained by Kenyans.co.ke, petitioner Michael Kojo Otieno claims that Koome failed to be transparent and discriminated against appointing persons who applied to be members of the board.
"It should always be remembered that each judicial officer occupies a special and revered position which must be protected both in public and private life, so as not to bring the Judicial Service generally, into disrepute.
"It is imperative, therefore, that every judicial officer should adhere to this Code with scrupulous care," read part of the petition.
Otieno based his petition on seven accounts:
Account 1 - He argued that the CJ failed to comply with the law by appointing more members than the number stipulated by the Act.
Account 2 - While appointing persons to serve at the Tax Appeals Tribunal, the petitioner claims that CJ Koome failed to conduct herself in a manner that promotes transparency.
Account 3 - The Chief Justice allegedly failed the test of being selfless based on the public interest in executing her duties while appointing the members.
Account 4 - He argued that Koome failed to foster public trust in the appointment of Tax Appeals Tribunal members.
Account 5 - Otieno claims that CJ Koome's actions in the appointment of the Tax Appeals Tribunal members violated Article 166 (2) of the Constitution which stipulates the leadership conduct of a judge, judicial officer and judicial staff.
Account 6 - The petitioner alleges that CJ Koome discriminated against persons who applied at the tribunal as members.
Account 7 - He claims that the Chief Justice abused her office and subsequently burdened Kenyan taxpayers with two members who were not budgeted for.
"That the Chief Justice of the Republic of Kenya is unfit to hold the office of chief justice for failing to execute the duties of the office of the chief justice with powers conferred upon her by an act of parliament in the appointment of members of the Tax Appeal Tribunal," read part of the petition.
Further, the petitioner sought Koome's actions in the appointment of the tax appeal tribunal members to be declared illegal, null, and void.
