Former Law Society of Kenya CEO Apollo Mboya on Monday called for the eviction of Chief Justice David Maraga from office claiming he had contravened the law after announcing new rules meant to fight corruption.
Last week on Thursday, Maraga directed all applications challenging prosecution in corruption cases and related appeals to be handled by the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi.
According to a petition filed by Mboya, Maraga's rules limit the jurisdiction of other High Courts, which is contrary to the decentralisation of governance as provided for in the Constitution.
The LSK boss claims the CJ contradicted Section 12 of the High Court (organisation and Administration act 2015), which requires the Chief Justice to provide equitable distribution of court resources and establish at least one of them in every station across the country.
Another advocate, Peter Wanyama, has also called for the suspension of the laws claiming lack of public participation.
The advocate argues that the Law society of Kenya, among other stakeholders, were not consulted by Maraga before he issued the new laws.
"The CJ issued the regulations without subjecting the same to Parliament for approval as required by law,” Wanyama stated.
While announcing the new rules, Maraga stated that advocates representing clients at the division would ensure that no other matter was given priority until the case is heard and determined. The CJ warned, "It is not going to be business as usual from today."
