A Kenyan has submitted a petition to the Judicial Service Commission (JSC) requesting the dismissal of Chief Justice Martha Koome from her position.
In the petition, Michael Kojo Otieno, the petitioner, alleges that the Chief Justice breached the law when appointing members to the tax appeal tribunal.
“While appointing persons to serve at the tax appeal tribunal, the judge failed to be honest in the execution of powers conferred to her by the Tax Appeal Tribunal Act based on powers conferred to the judge as a judicial officer,” the petition reads.
Kojo contends that the Chief Justice lacked transparency and diligence, accusing her of discrimination against individuals who had applied to join the board.
“The actions of the chief justice in appointing members more than the stipulated requirement violated section 4b of the Tax Appeal Tribunal Act,” the petition further states.
Arguing on these grounds, Kojo asserts that the Chief Justice is unsuitable for the position and should be ousted.
“The actions of the chief justice in the appointment of the tax appeal tribunal are indeed illegal, null and void and hence unfit to hold public office,” reads the petition.
The petition comes at a time when the courts are facing criticism from the executive over recent rulings that embarrassed the leadership. The courts, in a ruling that excited majority of middle income earners, halted monthly deductions by the government meant to to contribute to the controversial housing.
The National Assembly, jointly with the office of the Speaker of National Assembly have filed an appeal against this decision.
The courts have also declared the President Ruto’s plans to deploy police to Haiti ‘unconstitutional’ and therefore put a temporary stop to the mission. Ruto has however vowed to defy the court’s orders – stating that the $200 million ‘humanitarian’ mission will proceed.
