Petition to kick out Maraga takes new twist day after full judgment

It is clear the petitioner has not officially withdrawn the petition against the CJ.

Human Right activists Makau Mutua and Maina Kiai now want to be joined in the Ngunjiri Wambugu petition challenging Chief Justice David Maraga's suitability to serve at the Supreme Court after his ruling which nullified President Uhuru Kenyatta’s win.

The duo, through counsel Waika Wanyoke, want to be enjoined so as to clear their names, as they have been adversely mentioned “in bad light’’ by Mr Wambugu in a purge purported to axe CJ Maraga. The two wrote to the Judicial Service Commission on Wednesday.

Mr Kiai and Makau, through a petition to the JSC by MP Wambugu, have been adversely accused of ‘masterminding the change of regime by influencing the decision by the Supreme Court’ which annulled President Uhuru’s win on September 1.

"As you will note, the general tenor of the petition is to make serious, but unsubstantiated allegations against the Honourable Chief Justice by claiming that he is working in cahoots with certain individuals within the civil society with the intent of procuring regime change through judicial radicalisation," the letter to the JSC dated September 20th reads in part.

The duo’s lawyer Mr Wanyoike adds that would be disastrous to their reputation, as they have a chance to be heard too.

"Their admission into the petition will provide them, at the minimum, with some opportunity to recover some of their reputation because it will give them a chance to show malice, lies and malignancy on Wambugu’s part," the lawyer said in the letter.

Jubilee split

Last week, upon submission of the petition, President Uhuru Kenyatta, while speaking to the Mt Kenya region political leaders called on the Nyeri Town legislator to drop the ‘ugly petition’.

The move was supported by National Assembly Majority leader and Garissa Township MP Aden Duale who maintained that the stand taken by Mr Wambugu was his own making and that the Jubilee Party shouldn’t be enjoined.

Despite the pleading from the President, Mr Wambugu is understood not to have dropped the matter, and as it stands, it might be heard by the Judicial Service Commission.

"I stand by the grievances in the Maraga petition, but due to the political environment, I will not pursue it, for now," Mr Wambugu said earlier after Uhuru’s request.

It is understood that the tow activists have been championing for the massive changes in the Uhuru Kenyatta led administration and chances of defending the CJ against the petition are pretty high.

The two are also said to have registered an application with the JSC against the withdrawal of the petition by Ngunjiri.

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