Petition on Maraga ouster rejected as fishing expedition

The petition by a lawyer targeting Chief Justice David Maraga and the Judicial Service Commission (JSC) turned out to be a dud, only earning praise for National Assembly Speaker Justin Muturi after he dismissed it with stinging remarks and a warning to the public about trying to use Parliament to settle scores.

Describing it as “a long shot, pedestrian and a fishing expedition,” Mr Muturi said the petition by Adrian Kamotho Njenga could not be considered because it was asking MPs to initiate the removal of Justice Maraga, something they legally cannot do.

Citing the constitutional provision making the CJ the chairman of the JSC, Mr Muturi said someone seeking the removal of the chairman of the JSC must first seek his removal as the CJ.

MISPLACED

“The inclusion of the CJ as a subject of the petition, therefore, is, in itself, misplaced and fatal to the petition. The bid by the petitioner, by purporting to move the National Assembly to consider removal of the chairperson of the JSC by using Article 251 of the Constitution, is a long shot, pedestrian and engaging in a fishing expedition,” said Mr Muturi.

“As a result,” he added, “the House will not be in a position to address itself to the rest of the contents of the petition in light of that material irregularity alone. It, therefore, follows that this petition falls on its own sword.”

The Speaker said he had chosen to issue a ruling on the matter, rather than simply have the Clerk of the National Assembly write back to the petitioner in the usual manner, because the matter had raised a lot of concern in the country.

Mr Njenga had also given journalists a copy of the petition, ensuring that it received publicity but also giving rise to suggestions that it was the beginning of the action on the Judiciary that President Uhuru Kenyatta spoke of in September last year when he vaguely said Jubilee would revisit the Judiciary after the annulment of his re-election by the Supreme Court.

Mr Njenga was also asking the National Assembly to deal with the rest of the JSC members: Philomena Mwilu (Deputy CJ), Justices Mohamed Warsame and Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche.

VIOLATION OF CONSTITUTION

He wanted them removed on what he said are serious violations of the Constitution, incompetence and gross misconduct in performance of functions at JSC.

Wiper leader Kalonzo Musyoka accused the Jubilee government of sponsoring the petition.

“The attempt to emasculate, to ridicule the Judiciary and the person of Justice Maraga and team, I want to say, as an officer of the court, cannot be allowed,” Mr Musyoka said in Kitui during the South Eastern Kenya University graduation, hours before the petition was struck out by Mr Muturi.

He said Justice Maraga had worked hard to restore public confidence in the Judiciary and his integrity was well known.

“They (Jubilee) have made good their threat to interfere with the Judiciary and we will not let that happen” Mr Musyoka said.

The Majority and Minority leaders immediately praised Mr Muturi’s decision. “This one has nothing to do with the famous quote of revisit. When we want to revisit, we’ll do it with a serious petition, a well-researched one,” said Majority Leader Aden Duale.

Minority Whip Junet Mohammed said that despite the petition’s flop, Parliament must find a way to ensure that the Judiciary deals with its issues.