This archive report was first published on 29 December 2019.
December 29, 2019
Chief Justice David Maraga has become the first CJ to face a petition alleging gross violations of the Constitution, a move that sets a record for the Judicial Service Commission (JSC).
The petition, filed by Yusuf Ibrahim Dimbili, was allowed to proceed to a full hearing, with the CJ directed to file his response within 14 days.
However, the petitioner withdrew the petition last week, citing issues such as tribalism and the CJ attending political rallies.
Meanwhile, Deputy Chief Justice Philomena Mwilu faces a petition seeking her removal over claims of misconduct, including irregular sale and acquisition of property, obtaining execution of a security through false pretense, and failure to pay taxes.
Mwilu has raised concerns over the conduct of Attorney General Kihara Kariuki, alleging that he has been personally biased against her and cannot be fair in his decision as a member of the JSC.
She has also accused Law Society of Kenya (LSK) representative Macharia Njeru of having a conflicted interest and being unable to be impartial in determining the complaints filed against her.
Additionally, a petition has been filed against four Supreme Court judges - Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala, and Njoki Ndung'u - for alleged gross misconduct, misbehaviour, and incompetence, breach of the Constitution and Oath of Office.
President Uhuru Kenyatta has also appointed a tribunal to investigate the conduct of Justice Ojwang over allegations of misconduct, conflict of interest, and breach of the judicial code of conduct.
