Kibaki dismisses calls for the resignation of CJ Gicheru

Kenya President Mwai Kibaki on Friday rubbished calls for the resignation of Chief Justice Evan Gicheru, saying that he had confidence in him.

Responding to a memorandum written by the Law Society of Kenya, President Kibaki said he has no reason to doubt Mr Justice Gicheru’s ability to discharge the duties of his office.

But in a swift rejoinder, LSK vowed to prepare another petition to remove the CJ. Vice-chairman James Mwamu said the lawyers wanted Mr Justice Gicheru out. “We have learnt this evening that the President has rejected our initial petition. As a society, we appreciate that he has the prerogative to accept or reject such a proposal,” he said.

Mr Mwamu added: “As LSK, we stand by the petition but we shall prepare another one and present to the President.”

The response comes one day after President Kibaki appointed five High Court judges and promoted two others to the Appellate Court, ignoring calls by LSK and Justice Minister Martha Karua to involve all stakeholders in the process. Mr Mwamu faulted the Thursday appointment of judges describing it as a sham.

The lawyers’ body and Ms Karua had also called for the resignation of the CJ and petitioned President Kibaki to appoint a tribunal to investigate his conduct. Ms Karua and Mr Justice Gicheru have been at loggerheads in the recent past, with the CJ accusing Ms Karua of interfering with the running of the Judiciary.

While calling for a total overhaul of the Judiciary, Ms Karua accused the CJ’s leadership of being inept and anti-reform. She also said most judges got their jobs due to “favouritism, cronyism and incompetence”.

In a blunt press statement, the Justice minister accused Mr Justice Gicheru of dishonesty and standing in the way of reforms planned to introduce transparency and merit in judicial appointments.

But in a rejoinder, Mr Justice Gicheru accused her of demoralising the Judiciary.

And on Friday, Civil Service Head Francis Muthaura told the lawyers that the President had studied the petition and concluded that it is without merit.

Six years ago, the President named a tribunal to investigate then Chief Justice Bernard Chunga. Mr Justice Chunga later resigned and was succeeded by Mr Justice Gicheru.