Former Law Society of Kenya Chief Executive Officer Apollo Mboya on Thursday filed a petition asking the Judicial Service Commission (JSC) to remove the President of the Appeal Court Justice Kihara Kariuki, judges Erastus Githinji, Martha Koome and Fatuma Sichale.
According to Mboya, Justice Kariuki formed a bench on October 25 which was a public holiday to invalidate a high court ruling.
Kihara, on October 25, directed the three judges to hear an appeal against Justice George Odunga’s ruling that declared returning officers unlawfully gazetted, hours to the repeat presidential elections.
[caption caption="Justice George Odunga"]
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The judges, after hearing the appeal, reversed the decision and the election went ahead as planned.
Justice Odunga had declared the appointment of IEBC returning officers illegal and almost put the fresh Presidential election in jeopardy.
The ex-CEO argued that Chief Justice David Maraga had not authorised the sitting and wants the judges punished on grounds of gross misconduct and misbehaviour.
Court of Appeal Registrar, Moses Serem, maintained that the case was heard and confirmed that three judges were present, quashing earlier reports that the decision was made by only a section of the judges.
Mboya, on the other hand, maintains that the four judges defied CJ Maraga's directive and wants the JSC to determine the action of the four judges as amounting to incompatible with the status of judges of Court of Appeal.
Earlier this month, the lawyer also filed a petition to challenge JSC's decision to revoke the formation of a tribunal to investigate the conduct of Justice Jackton Ojwang' and Njoki Ndung'u for participating in an illegal strike which he claimed paralyzed the Supreme Court's operations.
Mr Mboya wants JSC directed to investigate Justice Ndung’u’s conduct for participating in an illegal strike but the commission noted that his petition does not disclose any ground that would lead to the removal of a judge.
[caption caption="Supreme Court Judges During the Presidential Election Petition"]
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