This archive report was first published on 11 June 2020.
On June 10, 2020, Timothy Odhiambo, a rights activist, petitioned the Judicial Service Commission (JSC) to remove Chief Justice David Maraga over gross misconduct.
The petition was filed just two days after Maraga publicly condemned President Uhuru Kenyatta's refusal to appoint superior court judges recommended by the JSC.
Maraga had called out President Kenyatta in July 2019, insisting he was bound by the decision to not appoint 41 judges recommended by the JSC, following a declaration by a bench of three High Court judges that the list was not subject to review or consideration.
However, in a quick rejoinder, Attorney General Kihara Kariuki defended President Kenyatta, stating that he could not be compelled to 'rubber stamp' judges with integrity issues.
Maraga had attributed the backlog of cases to the lack of judges, particularly in the Environment and Land Division, stating that the earliest date a litigant could get a hearing was in 2022.
Odhiambo claims that Maraga's adverse allegations against the Head of State amount to gross misconduct, misbehavior, and a breach of the code of conduct for judges.
He now wants the JSC to forward the petition to the President for further action under Article 168 of the Constitution.
