NAIROBI, Kenya Feb 1 – A petition has been filed at the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome.
The petition was filed on Thursday by a human rights activist, Michael Kojo Otieno, who accuses the CJ of failing to follow the law in appointing members of the Tax Appeal Tribunal.
According to Otieno, the law stipulates that the Chief Justice should appoint between 15 and 20 members to the tribunal.
However, he contends that Chief Justice Koome appointed 22 members, thereby exceeding the maximum limit prescribed by law. He argues that this action challenges her leadership integrity and transparency.
“Otieno stated, “”While appointing persons to serve at the Tax Appeal Tribunal, the judge failed to be honest in executing powers conferred upon her by the Tax Appeal Tribunal Act, contrary to rule 12(1) of the judicial officers’ code of conduct, hence rendering her unfit to hold the office of a judge,” he states in the petition.
He also claims that Chief Justice Koome failed to meet the criteria of being selfless, demonstrating honesty in the execution of public duties, and upholding the rule of law, all of which are essential qualities for a judge.
In his petition, Otieno expressed his concern about the lack of transparency, diligence, and a commitment to upholding the rule of law, which he believes are vital for judges in carrying out their duties and maintaining public trust in the legal system.
The JSC which is listed as a respondent in the petition is responsible for overseeing the conduct and discipline of judges in Kenya.
The timing of the petition raises questions, coming at a time when the Executive has accused the Judiciary of frustrating key projects initiated by President William Ruto including the Affordable Housing and Healthcare.
