Lawyer petitions for removal of CJ David Maraga over directive to centralise graft cases

Former Law Society of Kenya CEO Apollo Mboya. (Photo: Jenipher Wachie/Standard)

A lawyer has called for removal of Chief Justice David Maraga from office following orders that all corruption cases be heard at a centralised court in Nairobi.

Former Law Society of Kenya CEO Apollo Mboya wants legal proceedings instituted against Maraga for "misconduct".

Mboya's petition was filed with the Judicial Service Commission on December 16 and comes barely three months after the CJ was sworn into office.

The lawyer said the CJ breached the Constitution, adding that hearing cases at the anti-corruption court in Nairobi would inconvenience litigants.

In the petition, Mboya said the directive curtails the jurisdiction of the High Court in other stations contrary to decentralisation of governance and access to justice as provided in the Constitution of Kenya.

The CJ has gazetted a number of rules to be followed in efforts to handle various corruption-related cases.

Mboya said that section 12 of the High Court (Organisation and Administration Act 2015) provides that the CJ shall in consultation with the principal judge, facilitate reasonable and equitable access to services of the court and establish at least one station of the court in every county.

Mboya also protested against a directive by the CJ issued on November 28 that land-related matters filed before magistrates court be handled within such jurisdiction unless it is an appeal.

He argued the steps are in complete disregard of principles of due discharge of judicial office.

Mboya said the CJ is required to promote high standards of judicial conduct in order to reinforce public confidence in the Judiciary.

According to the lawyer, the Constitution provides unlimited original jurisdiction in both civil and criminal matters in High Court.

"The Constitution of Kenya or any statute has not conferred exclusive jurisdiction to the Anti-Corruption and Economic Crime Division of the High Court in Nairobi to the exclusion of the other High Courts."

Mboya argued the CJ had violated Article 6 of the Constitution of Kenya, which states that a national state organ shall ensure reasonable access to its services in all parts of the country.

He said the CJ exhibited lack of professional competence whose elements include intellectual capacity, legal judgment, diligence and substantive knowledge of the Constitution.

Maraga last Thursday directed all applications challenging corruption charges to only be heard by High Court in Nairobi.

The CJ said the move will speed up hearing of applications that are usually filed by suspects facing corruption charges.

He said the determination of such applications get delayed because judges sitting in other High Court stations have more cases to handle.

Maraga said the applications would be determined within a month and any institution that delays the cases would be exposed.

All corruption cases will now be determined within three months, the rules say.

The guidelines require that mention of cases be limited to only deserving cases and that if need be, parties would have to write to the Deputy Registrar so as to be given the discretion to have such.