Activist files petition against three Supreme Court judges

An activist has filed two petitions at the Judicial Service Commission (JSC) seeking to stop three judges from hearing the new presidential election petition, which was filed on Monday.

In the petitions, Mr Kelvin Njihia wants Justice Mohamed Ibrahim retired on medical grounds arguing that the judge has failed to perform his duties for quite some time.

ILL

Justice Ibrahim fell ill on the second day of the hearing of the election petition filed by Nasa leader Raila Odinga after the August 8 election.

The judge was also absent when three activists filed a case at the Supreme Court seeking to stop the repeat presidential election on October 26.

The case failed to proceed after the country’s top court failed to raise a quorum to hear the petition. The court must have at least five Judges to hear such a case.

Chief Justice David Maraga then explained to the parties that the case could not proceed because only he and Justice Isaac Lenaola were present to hear the petition. Justice Ibrahim, the CJ said, was out of the country for treatment.

According to Njihia, Justice Ibrahim has been missing from office and abdicating his responsibilities and this is enough proof that he has been unable to carry out his duties.

ABSENT

He says the JSC and the Chief Justice have not addressed his absence.

"There is no assurance from the President of the Supreme Court and the Judicial Service Commission that the judge will resume his duties soon or in case a matter is brought before the floor of the court," reads part of the petition.

The activist says Justice Ibrahim's absence is hurting the functions of the Supreme Court.

Mr Njihia also says the judge continues to receive his salary and has continued to enjoy other benefits that comes with the office, yet he cannot perform his duties.

"It is my humble prayer that the said judge herein should be removed from his position as a judge of the Supreme Court," he says.

INTEGRITY QUERIES

Mr Njihia has also questioned the integrity of Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola.

Two petitions were filed seeking the removal of the two judges soon after they nullified the August 8 presidential election.

The judges were accused of contacting parties and lawyers involved in the petition.

But since then, the JSC has kept silent on the matter even though Judge Lenaola wrote letters to Standard Media Group and Dennis Itumbi over the petition seeking his removal.

Njihia alleges that the bench is unfit to hear any fresh presidential petition.