Rarieda MP Otiende Amollo has dismissed a petition filed by city lawyer Adrian Njenga seeking the removal from office of Chief Justice David Maraga and his deputy Philemona Mwilu, terming it as dead on arrival.
Speaking on NTV’s AM Live show on Tuesday, Amollo argued that the petition to the National Assembly was unconstitutional.
“This petition is dead on arrival. It is ill-conceived and it is not based on the constitution,” said Amollo.
The outspoken MP argued that the petition targets Philemona Mwilu yet the deputy chief justice is not a member of the Judicial Service Commission (JSC).
He further argued that the petition will fail as Maraga cannot be removed as a member of JSC and still remain the chief justice, as the CJ is the head of the commission.
“This petition mentions the chief justice but as long as the chief justice remains in office by law he or she is the chair of JSC.
There is no way you can remove Maraga as a commissioner of JSC and he remains chief justice,” said Amollo.
He also noted that for one to initiate the removal of judges from office, he/she must prove there was a serious breach of the constitution.
The other five judges mentioned in Njenga’s petition are Mohammed Warsame, Aggrey Muchelule, Tom Ojienda, Emily Ominde and Mercy Deche.
“In all the five issues that have been raised by the petitioner, none of them touches on an allegation that they breached the constitution. They touch on an issue that the petitioner thinks they should have made this decision when they made the other. That is not a breach of the Constitution,” he added.
Amollo cited Article 168 of the Constitution which states that the removal of judges can only be initiated at the JSC and not the National Assembly.
“No matter what the National Assembly does, it cannot initiate the removal of a judge. You can only petition parliament for what is within its jurisdiction,” said the MP.
He argued that the petition was not being presented for its legality but rather for its drama.
City lawyer Adrian Njenga on Monday petitioned the National Assembly seeking the removal from office of Maraga, Deputy CJ Philemona Mwilu and five other members of the Judicial Service Commission (JSC).
In his petition, Njenga accused the JSC members of ‘serious violation of the Constitution’.