Nairobi, Kenya, Feb 1 – A legal tempest has engulfed the Kenyan judiciary as a petition surfaces at the Judicial Service Commission (JSC), demanding the removal of Chief Justice Martha Koome. Human rights activist Michael Kojo Otieno filed the petition, leveling accusations against the CJ for alleged violations in the appointment of members to the Tax Appeal Tribunal.
Otieno contends that Chief Justice Koome, in appointing 22 members to the tribunal, exceeded the legally mandated limit of 20, as per the Tax Appeal Tribunal Act. This, according to Otieno, not only challenges her leadership integrity but also raises questions about her commitment to transparency.
“While appointing persons to serve at the Tax Appeal Tribunal, the judge failed to be honest in executing powers conferred upon her by the Tax Appeal Tribunal Act, contrary to rule 12(1) of the judicial officers’ code of conduct, hence rendering her unfit to hold the office of a judge,” Otieno stated in the petition.
The activist further alleges that Chief Justice Koome fell short of the essential qualities required for a judge, including selflessness, honesty in executing public duties, and upholding the rule of law.
Expressing concern over the perceived lack of transparency, diligence, and commitment to upholding the rule of law, Otieno emphasizes these as vital elements for judges to maintain public trust in the legal system.
The Judicial Service Commission (JSC), listed as a respondent in the petition, plays a pivotal role in overseeing the conduct and discipline of judges in Kenya. The timing of this petition raises eyebrows, occurring amidst accusations from the Executive that the Judiciary is impeding key projects initiated by President William Ruto, such as Affordable Housing and Healthcare