Lawyer wants Maraga, Mwilu kicked out

Deputy Chief Justice Philomena Mwilu and CJ David Maraga. [Photo: Courtesy]

A city lawyer wants Chief Justice David Maraga and his deputy Philomena Mwilu removed from office.

In his petition to Parliament, Adrian Kamotho Njenga has asked MPs to also initiate removal of Judicial Service Commissioners Mohammed Warsame, Aggrey Muchelule, Tom Ojienda, Emily Ominde and Mercy Deche.

The relevant House committee will decide whether there is any basis to Njenga's claims should the petition be referred to it.

Justice Maraga chairs the JSC in his capacity as the Chief Justice. Justice Mwilu represents the Supreme Court while Justice Warsame stands in for the Court of Appeal. Justice Muchelule  represents the High Court.  

Ominde represents magistrates while Ojienda and Deche the Law Society of Kenya in the 11-member commission.

The petition was stamped as received by the Parliamentary Service Commission. However, National Assembly Speaker Justin Muturi said he had not read it.

“It’s not yet on my desk. When it comes, I will communicate accordingly,” Muturi told The Standard on Monday.

President Uhuru Kenyatta's Jubilee Party which has been on the warpath with the Judiciary remained tight-lipped.

When contacted over the matter, “No comment,” was all that Jubilee vice chairman David Murathe could say.

And when asked if Jubilee had a hand in the petition, Murathe retorted; “Rubbish.”

Leader of Majority in the National Assembly Aden Duale said: “I will only comment after it has been read by the speaker.”

Minority Whip in the National Assembly Junet Mohamed, however, scoffed at the bid to disband the JSC terming the petition as a mockery of Parliament. He warned the House against endorsing the petition.

“As much as the Constitution allows people to petition, Parliament should not entertain frivolous and vexatious petitions. My wish is that the speaker dismisses the petition with the contempt it deserves,” he said.

Junet added: “Kenyans must understand that the custodian of the Constitution is the Judiciary and once it is cannibalised, it will not be the beginning but middle of the ocean of anarchy and anybody who wants to swim in that ocean will surely drown.”

Kenya Human Rights Commission CEO George Kegoro said the petition raises issues including legality of opting for that route in targeting the CJ whose tenure is protected.