[Supreme Court judges in a past proceedings. Removal of Chief Justice is exclusively covered in article 168 of Kenyan constitution. Photo/Nation]
Following the Supreme Court’s decision to nullify election of President Uhuru Kenyatta early this month, the country has been treated to yet another debate of planned removal of Chief Justice David Maraga from office.
On Thursday, Nyeri Town MP Ngunjiri Wambugu filed a petition in the Supreme Court that targets its President, Mr. Maraga.
Article 168 of the constitution establishes grounds under which a judge or Chief Justice can be removed from office.
Among the major grounds of removal include gross misconduct, incompetence, bankruptcy, mental incapacitation and breach of code of conduct.
Should a member of the public initiate the removal, Judicial Service Commission receives the petition which must be in writing and the Chief Justice will constitute a committee from among members of JSC to examine the grounds.
In case the commission finds grounds tangible, they will submit the petition to the president who will be required to appoint a committee in 14 days to investigate the judge in question, who will be suspended before the proceedings.
Among members of the committee include Speaker of National Assembly, three superior court judges from common law jurisdiction and two persons with experience in public service.