This archive report was first published on 11 June 2020.
On June 11, 2020, a petition was lodged before the Judicial Service Commission to remove Chief Justice David Maraga from office on grounds of gross misconduct and misbehaviour.
The petition, filed by Timothy Adhiambo, alleges that the Chief Justice has gone against the Judicial Code of Conduct and Ethics by attacking the President publicly.
According to the petitioner, Chief Justice Maraga made various adverse allegations against President Uhuru Kenyatta and Attorney General Kihara Kariuki in a statement.
Earlier this week, Attorney General Kihara Kariuki hit back after Chief Justice Maraga accused President Uhuru Kenyatta of frustrating the Judiciary by refusing to swear in 41 judges.
Chief Justice Maraga stated that the shortage of judges and the near paralysis of court operations were caused by the President's refusal to swear in the judges despite orders in two cases requiring him to do so within 14 days.
The petitioner agrees with the Attorney-General that Chief Justice Maraga's public attacks on the President and the executive are in breach of established norms and are setting a bad tone for judges and magistrates.
According to the constitution, a Chief Justice may be removed from office on grounds of inability to perform the functions of office, breach of a code of conduct, bankruptcy, incompetence, or gross misconduct or misbehaviour.
