The Kenyan Section of the International Commission of Jurists (ICJ Kenya) is extremely alarmed and shocked by reports in both electronic and print media attributed to a petition against the President of the Supreme Court and the Chief Justice of the Republic of Kenya Hon. He was the 14th chief justice of Kenya. He further stated that Justice Maraga violated guidelines that require judges to avoid situations which could disqualify themselves from cases. Countries declared national days of mourning and ordered their flags flown at half-mast. Special Supreme Court proceedings held as Chief Justice David Maraga retired on January 11, 2021. (4) In the event of the removal, resignation or death of the Chief Justice, the Deputy Chief Justice shall act as the Chief Justice for a period not exceeding six months pending the appointment of a new Chief Justice in accordance with the Constitution. In Kenyatta’s case, the annulment of his claim to victory in the election of August, 2017. Former Chief Justice David Maraga (right) hands over instruments of power to Acting Chief Justice Philomena Mwilu . History is replete with struggles for democracy where the judiciary swings the sword of constitutional order against the other arms of government and more so against the Executive branch which then leaves the rest of the polity in trepidation. Prior to his appointment as Chief Justice, Maraga was the Presiding Judge of the Court of Appeal at Kisumu and the Chairperson of the Judiciary Committee on Elections. Of course, people bent on having their way in the matter, may resort to extra- constitutional and extra-legal means of removing the Chief Justice. Sekou Owino is the head of legal services at NMG. … The chief justice is the presiding member of a supreme court in any of many countries with a justice system based on English common law, such as the High Court of Australia, the Supreme Court of Canada, the Court of Final Appeal of Hong Kong, the Supreme Court of India, the Supreme Court of Ireland, the Supreme Court of Japan, the Supreme Court of Nepal, the Supreme Court of New … There are fears that the annulment of the presidential elections may result in political and even constitutional crises which may be altogether bad for the country. Somalia failed to hold elections in December last year. According to Article 168 of the Kenyan Constitution, a judge of a superior court … I opine that Africans surprised at Kenya’s Supreme Court decision of annulment of a presidential election would do well to read Rice’s book and heed its lessons. The Judicial Service Commission (JSC) been petitioned for the removal of Chief Justice David Maraga. Republic of Kenya & another v Coastal Acquaculture [2003] 1 EA 271- (Explained) 3. Judicial Service Commission of Kenya seeks the removal of the Chief Justice from office on claims to the effect that he had violated the judicial Code of Conduct and Ethics and Kenyan MP Ngunjiri Wambugu who filed a petition seeking the removal of Chief Justice David Maraga from office. He could be murdered. In the endeavour for political containment of the Court, a Court packing Bill was introduced in the form of “The Judicial reform Bill, 1937,” to add more justices to the Supreme Court. The judge at the same time said that she decided to defy the orders of Chief Justice Owiny-Dollo who told her she could only deliver her minority ruling in Bobi Wine's petition case at a later date.. Establishment. Submit your stories now via social or: Thank you! Chief Justice David Maraga has faced all sorts of criticism after the Supreme Court's decision to nullify the August Presidential election. This too is not new to Kenya. You have successfully subscribed to receive the Pulselive newsletter pulselive.co.ke, Don't miss a thing, get the latest updates to fuel your conversation daily, accused President Uhuru Kenyatta of disobeying court orders, Kariuki also condemned Maraga, accusing him of seeking public sympathy, >> Make some extra cash, sell on Pigiame for free. Back to Kenya, the petition for the removal of the Chief Justice may just be another example of Roosevelt’s attempts at changing the balance of power by an Executive (and or its surrogates) that takes umbrage with one decision or another of the Court. Eyewitness? Less than three months ago, former US Secretary of Secretary of State, Condoleezza Rice, released a book titled Democracy: Stories from the Long Road to Freedom in which she asks the question whether democracy as understood in the West is on the retreat worldwide. The Chief Justice may be removed from office if a Tribunal appointed to inquire into his … MARAGA UNDER SIEGE: The process for removal of Chief Justice of Supreme Court of Kenya. They both accepted judicial decisions that were unpleasant for them politically. In other words, it is the Constitution of Kenya at work towards perfecting Kenya’s democracy. Functions. But Kenya's new Chief Justice has some cleaning up left to do. (1) A judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years. This comes amid a tussle between CJ Maraga and the Executive after the former accused President Uhuru Kenyatta of disobeying court orders. A Kenyan citizen, Timothy Odhiambo, asked the JSC to initiate Justice Maraga’s removal from office. What needs to be said at this juncture is that while Kenya is not out of the woods, yet, its present circumstances are not unique. 168—Removal from ofice. 6. In her words, democracy is in its first moments, messy, imperfect, mistake-prone and fragile, all of which may be present in Kenya in one measure or another. Even though it is framed in fairly pithy terms, one thing is clear: the gravamen of the complaints is unhappiness with the supposed role of influence of the Chief Justice in the petition which resulted in the nullification of the presidential election. Masalu & others v Attorney-General [2005] 2 EA 165 - … Join the In Uribe’s case, by having to accept the annulment of a law which sought to remove presidential term limits. Mr Odhiambo argued that CJ Maraga had erred when he claimed that President Uhuru had violated the Constitution without tabling evidence. NAIROBI, Kenya, Sep 21 – Chief Justice David Maraga on Monday asked President Uhuru Kenyatta to dissolve Parliament over the continued violation of the two thirds gender representation rule. Mrs. Georgina Wood is the current Chief Justice of Ghana, the first woman to be appointed to the high, responsible, demanding and prestigious office, in this country. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP. A total of 13 applications have been received by the Judicial Service Commission (JSC) following the announcement of the vacancy at the Chief Justice's office. Attorney General Kihara Kariuki also condemned Maraga, accusing him of seeking public sympathy to hide his failures and mismanagement of the Judiciary. LAWS OF KENYA The ConsTiTuTion of Kenya, 2010 ... 166—Appointment of Chief Justice, Deputy Chief Justice and ... 167—Tenure of ofice of the Chief Justice and other judges. But once again, Rice’s book makes an important point that the path from autocracy and authoritarianism towards democracy is not and has never been smooth anywhere. 161(2)(b) of the Constitution of Kenya 2010. The President of … Ethiopia says it won't delay second filling of Nile dam, UNSC warns against undermining S. Sudan peace, Kenya pulls out of oral hearings in maritime case. She then observes presciently: “Colombia is a tale of finding the sweet spot between chaos and authoritarianism that we call democracy. Despite some criticism, the screening of 50-odd judges and nearly 300 magistrates was a remarkable achievement. Reports indicated that the petition before the JSC is seeking the ouster of CJ Maraga over what it termed as breach of code of conduct, gross misconduct and misbehavior. Republic v Chief Justice of Kenya & 6 others ex parte Moija Mataiya Ole Keiwua Miscellaneous Civil Application No 1298 of 2004- (Mentioned) 2. Whatever the merits of the petition, its progression and investigation of the allegations therein will be of great public interest in the days to follow. Kenyan advocate seeks removal of Chief Justice, six others 26 february 2018 16:34:52 Nairobi, Kenya (PANA) - A Kenyan lawyer has petitioned the National Assembly to remove Chief Justice David Maraga and five others from the Judicial Service Commission. (3) If the Chief Justice's term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue … The retirement of Chief Justice David Maraga in the just eight months is already triggering high-states succession intrigues. 3—s. The Office of the Deputy Chief Justice is established under Art. Reports indicated that the petition before the JSC is seeking the ouster of CJ Maraga over what it termed as breach of code of conduct, gross misconduct and misbehavior. The embattled Deputy Chief Justice Philomena Mwilu may lose her position in the country's top court if a petition filed against her over lack of integrity succeeds. Maraga replaced Dr Willy Mutunga in 2016 after the retirement in June 2016. Toloi named in Italy squad after gaining nationality, Unlocking Hybrid Cloud Agility Solutions at Digital Transformation Webinar, #PulseUhondoMtaani: Ex-NTV News anchor Winnie Mukami is Dead, Mwakideu & Jalang’o share photos of homes they are building in Kitengela & other top stories. Hits: 35404. The hope was that if the Bill was passed into law, the president would have been able to appoint more friendly judges to the Court and thereby have his way in the event of challenges to his administrative programme. President Franklin Roosevelt of the US was a victim of unpleasant decisions by the US Supreme Court which he thought was ideologically hostile to his “New Deal” policies. (b) in the case of a judge other than the Chief Justice, appoint a tribunal consisting of-- (i) a chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years; The journey towards constitutional perfection is laden with disappointments and joys delivered by the courts. This concern remains persistent in the observation that contemporary theme in nascent democracies is the struggle to bridle an outsized Executive arm of government. Appeals from a tribunal constituted under Article 168 of the Constitution on removal of … Coast lawyers have renewed the crusade for the removal of Chief Justice (CJ) Willy Mutunga in a petition to the Judicial Service Commission (JSC) which the CJ chairs. The outgoing Chief Justice handed over power to his deputy, Justice Philomena Mwilu in acting capacity until a new CJ is sworn into office. Maraga said Parliament’s failure to enact a law to operationalize the constitutional provision amount to an act of impunity. Kenya’s President Uhuru Kenyatta may be sharing the sweet spot moment with Colombia’s former president Alberto Uribe. They are justices DK Marete, Lucy Waithaka and Martin Muya. The Judicial Service Commission (JSC) been petitioned for the removal of Chief Justice David Maraga. (2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier. She then shares some priceless insights into the democratic journeys of a number of countries around the globe. David Kenani Maraga (born 12 January 1951) is a Kenyan lawyer and jurist. Questions about as to whether Kenya … The heat went a notch higher on Thursday when Nyeri Town MP Ngunjiri Wambugu filed a petition before the Judicial Service Commission seeking Justice Maraga's removal. In the petition, Omtatah argues that Maraga breached oath of office, acted in a manner incompatible with the status of a judge of a superior court and the Chief Justice of Kenya. “I hereby petition this honourable commission to find that there are sufficient grounds for removal of honourable Maraga from the office of the Chief Justice and President of the Supreme Court of Kenya and to, therefore, send this petition to His Excellency the President of the Republic of Kenya for his further action as required under Article 168 of the Constitution," the petition read in part. privacy policy and European users agree to data transfer policy. Justice David Kenani Maraga is the 15th and the current Chief Justice of the Republic of Kenya. In Kenya, the petition filed with the Judicial Service Commission of Kenya seeks the removal of the Chief Justice from office on claims to the effect that he had violated the judicial Code of Conduct and Ethics and was also culpable for gross misconduct and abuse of office. c. ourts . September 21, 2020. Following the retirement of Chief Justice David Maraga on January 12, 2021, Deputy Chief Justice Philomena Mwilu is currently the acting Chief Justice. She says that in going through the examples, a clear point is that institutions often get under intense fire and scrutiny in the quest for democracy. The Judicial Service Commission has recommended the removal of three judges. When Kenya’s immediate past Chief Justice, David Maraga, announced he was taking leave pending his retirement in January 2021, he added that the Deputy Chief Justice, Philomena Mwilu, would take over as Acting Chief Justice from the time of his departure until someone was appointed to succeed him. He was the chief justice and president of the Supreme Court of Kenya from October 2016 till his retirement in January 2021. But that the jury is still out on Kenya and Ukraine.”. Mogire Mogaka filed the petition before the Judicial Service Commission (JSC) seeking the removal of Mwilu from office over alleged illegal dealings with Imperial Bank of Kenya. uBordinate . 169—Subordinate courts. Acting Chief Justice & President of the Supreme Court When Chief Justice David Maraga went into mandatory retirement on 11 January 2021 on attaining the age of 70 as provided under Kenya's Constitution, Mwilu took over the leadership of the Judiciary as the Acting Chief Justice pending the recruitment of a substantive Chief Justice to replace Maraga. According to Owiny-Dollo, this can only take effect after the other eight judges on the other panel had debated it. P. art. The framers of the constitution appeared to have apprehended this very eventuality and tried to address this by providing immunity to judicial officers against actions drawn from displeasure from the decisions made by judges in good faith and in exercise of their judicial power. The Bill failed. " Pulse Community", By clicking again you agree to our As chaotic as all of the above actions may seem, they share an important platform that is often forgotten: They were undertaken pursuant to powers and rights conferred by the Constitution. The events of the past fortnight in Kenya — starting with the decision of the Supreme Court to declare the August 8 presidential election to have been invalid, null void followed by recriminations and fulminations on the part of the president and ending with a petition lodged by a member of the National Assembly of Kenya seeking to have the Chief Justice removed from office — reminded me of a book I read recently. Interestingly, Kenya is one of the countries cited.
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