Maraga’s removal takes interesting twist after today’s development
Is Maraga being fixed?
Njenga took his plea to the National Assembly seeking the removal of Mr. Maraga, his deputy Philomena Mwilu, Justice Mohammed Warsame, Aggrey Muchelule, Tom Ojienda, Emily Ominde, and Mercy Deche from the Judicial Service Commission (JSC).
Unfit for office
In his petition, the lawyer argues that the judges are unfit to hold public office over gross misconduct.
"The aforementioned have failed to promote and facilitate the independence and accountability of the Judiciary and the transparent administration of justice," the petition reads.
Njenga added: "They have without any constitutional regard or justification dismissed petitions presented to the JSC”.
According to the Constitution, a process to remove the President of the Supreme Court can commence following a motion initiated by the JSC or on the petition of any person to the Commission.
JSC will then convene and consider the petition. If it is satisfied that the petition discloses a ground for removal sends the petition to the President who will suspend the CJ.
The ejection of Mr. Maraga was first alluded when President Uhuru Kenyatta’s win for the August 8 General Election was nullified.
This was uttered by the President himself when he described the Supreme Court judges as wakoras (crooks) and vowed to fix them.
After the ruling, Nyeri MP Wambugu Ngunjiri filed a petition to the JSC seeking the removal of CJ Maraga but President Kenyatta implored him to withdraw it.
“I understand your pain and action. But we have an election to win on Oct 26. That has to be our focus. Leave the court alone. All that we want is for the will of the people to prevail,” the Head of State told Wambugu.
In his petition, the Nyeri lawmaker accused Maraga of gross misconduct.
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