A petitioner has gone to the Supreme Court Monday seeking the removal of Judge Mohamed Ibrahim and his position filled.
The petitioner Kelvin Njihia wants judge Ibrahim removed for failing to perform his duties because of ill health.
The petitioner argues that Judge Ibrahim has been missing from office after the President of the Supreme Court announced that the judge was unwell during the hearing and determination petition of the August 8th presidential election.
He, however, asked JSC to declare his position vacant and invite persons to apply and fill the position.
“His continuity missing from office and abduction of his duties is enough prove of his physical incapacity to carry his duties and this has not been addressed by the Commission or the Chief Justice himself” read the petition in part.
It added ” His absense is hurting/injuring the functions of the Supreme Court of Kenya as decision of the Court are supposed to be made by and odd number but now it has left to be decided by an even number and thus a matter whcih needs/requires a vote will be faced with difficulties and will serve as injsutice to the parties”
Meanwhile, the petitioner also wants Judges Philomena Mwilu and Isaac Lenaola investigated over their integrity. Njihia argues that the duo have been accused of judicial gross misconduct.
He wants the JSC to declare the current bench unfit to hear and determine a fresh presidential election petition as it allegedly does not meet constitutional and ethical thresholds.