By Paul Ogemba,
Chief Justice David Maraga
A lawyer has stepped up the push to have
disciplinary action taken against Chief Justice David Maraga. Mr Apollo Mboya
accuses the CJ of misconduct and interference with judges. His complaint, filed
at the Judicial Service Commission, comes amid claims that the CJ is under
pressure from the Executive and the National Assembly to transfer judges seen
to be anti-government. "It would appear that the JSC is quick to deal with
complaints against magistrates and other judicial staff but is shielding and protecting
the Chief Justice and other top judges from scrutiny for misconduct," said
Mboya in a letter to the JSC. The former Law Society of Kenya chief executive
officer gave the commission a 30-day ultimatum to act on the claims against
Justice Maraga failing which he will move to court to have the CJ sanctioned.
He said that since he filed a disciplinary petition against the CJ in December
last year for unilaterally limiting the jurisdiction of the High Court in
dealing with corruption cases, he has not received any response. ALSO READ:
Judiciary to spend Sh40 million for Wi-Fi connectivity He argued that the
inordinate delay in instituting disciplinary action against the CJ was setting
a bad precedent given the speed at which other judicial employees are punished.
Sources in the JSC have complained that the CJ has been under pressure from the
Executive to transfer judges from the Constitutional Division for issuing
orders against the government and the National Assembly. Mboya called on the
commission to protect judges from third-party influence. "The JSC should
guarantee judges that they will not be victimised for upholding the rule of law
and performing their constitutional duties," he said. Activist Okiya
Omtatah raised the red flag about Justice Maraga's interference when he alleged
that the CJ wanted to transfer Justice Enock Chacha for restraining Parliament
from impeaching Auditor-General Edward Ouko. According to the activist, he had
information that the CJ had succumbed to pressure from third parties and had
instructed some individual judges to stop issuing orders against the
government. "The CJ wants to punish Justice Chacha by transferring him out
of Nairobi just because he issued orders suspending parliamentary proceedings
against the Auditor-General. This state of affairs in unacceptable and we urge
him not to be an errand boy for anybody," said Omtatah. ALSO READ: Chief
Justice David Maraga backs judge on verdict Speaker Justin Muturi and the
National Assembly have filed a notice of appeal against Justice Chacha's
decision stopping them from debating a motion to impeach Mr Ouko. According Mr
Muturi, the House was dissatisfied with the ruling. David Maraga
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https://www.standardmedia.co.ke/article/2001233435/lawyer-steps-up-push-to-punish-cj-david-maraga-for-misconduct
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