Nyeri Town Member of Parliament Ngunjiri Wambugu has filed a petition at the Judicial Service Commission-JSC seeking the removal of Kenyan Chief Justice David Maraga from office following the nullification of the August 8th presidential election.
In the 14-page petition, Wambugu claims that during the hearing and determination of the presidential petition, the Chief Justice was influenced by The National Super Alliance – NASA political utterances which were made prior to the filing of the presidential petition.
Wambugu accuses the Chief Justice of gross misconduct and wants the Judicial Service Commission – JSC to investigate the conduct of Judge since his appointment.
The Nyeri Legislator claims that Justice Maraga did not read through the evidence brought before him during the petition hearing.
Wambugu has equated the nullification of President Uhuru Kenyatta’s August 8 win to a judicial coup and therefore wants his motives investigated.
Wambugu’s allegations come as Kenyans eagerly await the full judgement of the Supreme Court, which nullified the re-election of President Kenyatta.
However in a rejoinder, Nairobi Lawyer Danstan Omari says that there is nothing like judicial coup in law and that the process of removing a sitting Chief Justice is anchored in article 168 of the constitution.
He added that removal of a Chief Justice is not a walk in the park and that the petition a process leading to nowhere.
On September 1st, Justice Maraga, nullified the re-election of President Uhuru Kenyatta and his Deputy William Ruto citing irregularities and illegalities in the transmission of results by the Independent Electoral and Boundaries Commission- IEBC.
He ordered the Independent Electoral and Boundaries Commission to conduct another Presidential election within 60 days.
In a majority ruling read by Chief Justice David Maraga, the Supreme Court says it was satisfied that the election wasn’t conducted in accordance with the constitution.
Also Read: Supreme Court orders a fresh Presidential election