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Man petitions JSC to sack Chief Justice David Maraga

Thursday March 14 2019

David Maraga

Chief Justice David Maraga delivers his speech during the admission of advocates to the bar, at Milimani Law Courts on June 27, 2018. He is accused of tribalism. PHOTO | FILE | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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The Judicial Service Commission has received a new petition that seeks the removal of Chief Justice David Maraga.

The petition filed by Mr Yussuf Ibrahim Dimbil makes several allegations against Mr Maraga ranging from tribalism to attending political rallies.

Mr Dimbil, through law firm Charles Koech & Associates, accuses Mr Maraga of lifting a quote from a judgment that was yet to be delivered.

The petition indicated that the CJ, in a concurring opinion in the Laikipia gubernatorial petition delivered on February 8, made reference to Wajir gubernatorial election petition, which had not been delivered. The judgment on the latter was delivered on February 15.

MISCONDUCT

And when it was delivered, Mr Dimbil alleges that the import of the quote had been changed. He said the action was meant to influence public opinion and the opinion of other members of the Bench in violation of the right to fair trial.

Another petition had been filed by Mr Jared Ongeri seeking the probing of Supreme Court judges Mohamed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.

The JSC instructed them to file their responses within two weeks. Mr Ongeri accuses them of various misconduct pertaining the Wajir poll petition case.

LAWS VIOLATED

Mr Dimbil accuses the CJ of attending political rallies in Kisii and Nyamira, bringing disrepute to his office and violating public trust bestowed upon him.

"The recent conduct of Hon Justice David Maraga falls short of the requisite standard of the occupier of the Office of Chief Justice, and has violated the Constitution, Judicial Code of Conduct and Ethics, and Bangalore Principles of Judicial Conduct 2002 in many ways," Mr Dimbil says in a sworn statement.