Activist wants Judge Mrima dismissed over alleged misconduct

Activist Fredrick Bikeri has filed a petition before the Judicial Service Commission seeking the removal of High Court Judge Justice Anthony Mrima.

The activist wants the judge removed on grounds of, among other things; gross misconduct and misbehavior, incompetence, bias, corruptive practices, non-observance and adherence to the rule of law and public interest principles, partiality, breach of chapter six of the constitution and breach of judicial service regulations.

He cites a judgment he made in the High Court in May this year to the effect that the National Police Service, the Ethics and Anti-Corruption Commission, the Kenya National Commission on Human Right, the Kenya Revenue Authority, the Commission on Administration of Justice, the Anti-Counterfeit Agency, or any other entity mandated with criminal investigation role cannot draft, sign or present any charge sheet in any criminal prosecution.

In judge Mrima’s judgment, the drafting, signing and presenting charge sheets was limited to the Office of the Director of Public Prosecutions. He says his determination has made the already existing differences between institutions such as DCI And DPP even worse.

The upshot of the judgment is fatal to national security…overlooking separation and segregation of powers and giving rise to unwarranted conflict of interest among various key players in the criminal justice system,” he said in a petition to JSC.

He wondered why the judge gave the orders when in the first place the ODPP had not sought them. In fact, he says the judge granted the DPP too much powers, over and above that which has been accorded to him by the Constitution.

Bikeri claims that the ruling has occasioned delay of numerous criminal cases and affected the entirety of the criminal justice system, and compromised national security.

This judgment is a clear indication of judicial overreach, irresponsible gross misconduct/misbehaviour by the accused judge using his discretion erroneously which is appalling and a clear abuse of judicial discretion and a paramount threat to national security,” he said

The Activist believes that his petition against the Judge is strengthened by numerous other petitions that have been lodged against the Justice Mrima at JSC seeking his removal from office.

He says the judge based at the Milimani Law Courts has demonstrated among others; lack on Impartiality, lack of integrity, lack of professionalism, and open bias in execution of his duties.

The petitioner humbly prays….that the Judicial Service Commission be pleased to forthwith dismiss or order immediate removal from the office of judge the Honourable Justice Anthony Mrima from discharging, executing or in any manner involving himself in any judcial function,” the activist through Musyoki Mogaka and Company Advocates pleaded with JSC

  

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