Retired Chief Justice David Maraga has insisted that President Uhuru Kenyatta should be impeached for failing to uphold and defend the constitution like he swore when he took the oath of office.

Speaking to Citizen TV on his tenure as President of Judiciary and his relationship with the Head of State, Maraga said that by refusing to appoint the 41 judges despite court orders demanding that he does, President Kenyatta violated his constitutional mandate.

There are three court orders directing the President and even giving him, a time frame and he has not appointed. As far as I'm concerned, that is a violation of his constitutional duty. In fact, I should say if he was in other countries, the President would be impeached for that because he swore to uphold and defend the Constitution. If you have failed on a constitutional duty placed upon you the recourse for the President would be impeachment but that doesn’t happen in jurisdictions like ours and that is why it has persisted up to now,” said the Retired Chief Justice.

Asked about how the matter should have been handled, Maraga said that President Uhuru Kenyatta should have been impeached.

He pointed out that Kenyans have representatives in parliament which has provisions that can be used to impeach a sitting President if they wanted so that everybody is held accountable.

Kenyans have representatives in Parliament. I believe there is a provision for which Parliament if it wanted to, can use to impeach the President so that everybody is held accountable. What I hear out here is that the president cannot be sued or what… the legitimacy of the president’s power is from the constitution which he swears to uphold and defend. So, if he fails to do that some action has to be taken against him, and for me that is impeachment,” added Maraga.