Chief Justice nominee David Maraga will have an uphill task when he appears before the National Parliament’s Justice and Legal Affairs Committee on Wednesday next week for his vetting.
This is after a section of Ainamoi Constituency residents prepared two petitions seeking to oppose his appointment as the next head of the Judiciary.
The, petitions, reports the Daily Nation, have been prepared by Emmanuel Korir and Tom Biegon, an aide to Ainamoi MP Benjamin Langat.
The residents have accused Maraga of failing to uphold the Constitution in his ruling in a case regarding the killing of the then Ainamoi MP David Kimutai Too on January 31, 2008.
Omwenga, was charged with killing Too - a brother to Ainamoi MP Benjamin Langat - and traffic police officer Eunice Chepkwony in Eldoret town.
The residents have accused Justice Maraga who was then a judge at the High Court in Nakuru, of reducing the murder charge against the accused, Andrew Moeche Omwenga, to manslaughter, there giving him a 10-year sentence.
“The humble petitioners pray that the National Assembly does not approve his nomination to become Chief Justice and compels Justice Maraga to make an apology to the family of the deceased, the people of Ainamoi Constituency and the people of Kenya at large for his indiscretion and failure to uphold the Constitution,” reads the petition in part.
An appeal case by the State against Justice Maraga’s ruling is pending at the Court of Appeal.
Biegon says the people of Ainamoi have been aggrieved by the ruling and is appealing to Parliament to decline his appointment.
Korir also wants the MPs to reject Maraga’s nomination.
Justice Maraga was last month nominated by the Judicial Service Commission for the post of Chief Justice to replace Willy Mutunga who retired in June.