BY NAMULONGO PETER,NAIROBI,26TH FEB 2018-Chief justice David Maraga could be a man under siege after a lawyer petitioned parliament seeking his removal from office of Chief Justice David Maraga as well as six other members who serve at the Judicial Service Commission (JSC).Lawyer Adrian Njenga Kamotho accuses the members of misconduct.
The lawyer also claims that the legal fraternity members have seriously violated constitution and the law, shown total incompetence and gross misconduct in the performance of the functions at JSC.
Apart from CJ Maraga ,others are deputy CJ Philomena Mwilu, Justice Aggrey Muchelule, Prof Tom Ojienda, Justice Mohamed Warsame, Ms Emily Ominde and Mercy Deche .
Mr Njenga accuses Mr Maraga of victimising judges who exhibit diligence, impartiality and judicial independence.
“Mr Maraga and the six JSC members have failed to promote, facilitate the independence and accountability of the judiciary and transparent administration of justice contrary to Article 172 (1) of the constitution.
He says the seven have jointly and severally committed acts of gross misconduct in the performance of functions as commissioners.
In the recent past JSC HAS established a committee to look into the conduct of at least five judges related to their work.
Those currently under JSC radar of investigation are Jackton Boma Ojwang of the Supreme Court, Paul Kihara, who until his nomination to take over as Attorney-General after the resignation of Prof Githu Muigai, was the President of the Court of appeal and justices Erastus Githinji, Fatuma Sichale and Martha Koome.
The special committee is investigating Justice Ojwang over the construction of a tarmac road leading to his private residence in his rural area, while Mr Kihara is on the spot over the manner he constituted a bench of three to hear an appeal of a high court decision that annulled the appointment of presiding and returning officers in the repeat October 26 presidential election because it was done outside the law.
It is justices Githinji, Koome and Sichale who stayed the decision of the high court.
Many have pointed fingers towards the two on how they would have sit without the clearance from the office of the Chief Justice bearing in mind that the day in question was a public holiday.