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What it would take for Chief Justice David Maraga to be removed from office
By Robert Abong'o | Updated Sep 14, 2017 at 12:15 EAT
what-it-would-take-for-chief-justice-david-maraga-to-be-removed-from-office
Cheif Justice David Maraga and Ngunjiri Wambugu
SUMMARY

Nyeri Town MP has filed a petition to the JSC seeking to remove Chief Justice David Maraga from office

Ngunjiri says he has evidence the Maraga had undue influence over other judges, leading to nullification f the August 8th presidential election

Ngunjiri Wambugu, Nyeri Town Member of Parliament has launched a bid to remove Chief justice David Maraga from office.

Supreme Court judges missed the opening of the 12th Parliament convened by President Uhuru Kenyatta.

According to the MP, CJ Maraga put excessive pressure on other Supreme Court judges, passing a ruling which nullified presidential elections for the first time in Africa.

The Nyeri MP also says that one judge, Mohammed Ibrahim was not involved in the final ruling and it was claimed that he was unwell days to the verdict.

He also said that he has evidence that the CJ exerted pressure to other judges – leading to the shocking judgement.

Ngunjiri is seeking audience with the JSC – Judicial Service Commission and wants the process of ousting the Chief Justice to immediately begin.

But what would it take for the Nyeri MP to succeed in ousting CJ David Maraga?

According to Article 168 Section 1 of the Constitution, a judge of the superior court may be removed from office only on the grounds of:

· Inability to perform the functions of office arising from mental or physical incapacity;

· A breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament.

· Bankruptcy.

· Incompetence.

· Gross misconduct or misbehavior.

In the case of removal of a Chief Justice:

The President, within 14 days appoints a tribunal consisting of:

· The Speaker of the National Assembly, as chairperson;

· Three superior court judges from common-law jurisdictions;

· One advocate of fifteen years standing; and

· Two other persons with experience in public affairs

PROCESS OF REMOVAL

According to Article 168 of the Constitution:

· The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.

· A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judge’s removal.

· The Judicial Service Commission shall consider the petition and if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President.

· The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission

 

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