Petition to eject Maraga from office dead on arrival
National Assembly Speaker Justin Muturi has rejected the petition by a lawyer for the removal of Chief Justice David Maraga and six other members of the Judicial Service Commission.
Mr Muturi on Tuesday told MPs that the petition “is a long shot, pedestrian and a fishing expedition” in seeking to remove Justice Maraga, who by virtue of his position is the chairman of the Judicial Service Commission.
Lawyer Adrian Kamotho Njenga wants the CJ, deputy CJ Philomena Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche removed from office on what he claims are serious violation of the constitution and the law, incompetence and gross misconduct in the performance of the functions at JSC.
Citing the Constitution, Mr Muturi said: “A person desirous of the removal of a person as the chairman of the Judicial Service Commission must petition the Judicial Service Commission for removal of the person as the Chief Justice”.
The Speaker said that that by itself would make it impossible for the National Assembly to even look at the rest of the petition.
As a result, he said: “The House will not be in a position to address itself to the rest of the petition on the basis of that matter alone.”
Regarding the rest, Mr Muturi said the allegations against the other members of the JSC were general and made to look like they apply to all them when the proper thing to do is to file a petition against each of them as an individual.
He directed the Clerk of the National Assembly to inform Mr Njenga in writing that his petition “has failed miserably” and is therefore inadmissible.
The petition was seen as a possible avenue for going after individuals in the Judiciary with whom some in the administration have been unhappy.
Mr Muturi’s decision was immediately praised by Minority Leader John Mbadi, who said that the Speaker had made a brave decision.