In Summary
  • Judges and Magistrates Association said they will stop at nothing to defend the independence of the Judiciary.
  • Justice Maraga is the chairman of the JSC while Ms Amadi is the secretary.

A plot to fix Chief Justice David Maraga and Chief Registrar of Judiciary Anne Amadi has been hatched in the National Assembly by MPs affiliated to Jubilee in a move that the Kenya Magistrates and Judges Association (KMJA) say is related to the Supreme Court’s nullification of the August 8 presidential election.

The Nation has established that the MPs plan to introduce a petition in the House against Justice Maraga and Ms Amadi once they have trained and familiarised themselves with parliamentary business.

EACC

“The plot is to frame the CJ and Registrar with non-existent charges then pass the resolution in the House to have them investigated by the Ethics and Anti- Corruption Commission (EACC) not because the accusations are serious but to besmirch their character,” a source familiar with the scheme said.

The source, an MP, also noted that the EACC will be used as a “political sword” because the schemers are fully aware that they cannot remove the CJ and the Registrar through the Judicial Service Commission.

“They now want to smear him with false charges,” the source said.

The KMJA Secretary General Bryan Khaemba said they will stop at nothing to defend the independence of the Judiciary.

“We are aware of the scheme by a number of MPs to force the Hon CJ and CRJ out of office, following the recent nullification of the Presidential elections. I wish to remind these schemers that the true meaning of the rule of law, is that a country is governed by the law and not men,” Mr Khaemba said.

PETITION

The latest move comes just moments after Nyeri Town MP Mr Ngunjiri Wambugu filed a petition before the Judicial Service Commission seeking Justice Maraga’s removal.

Justice Maraga is the chairman of the JSC while Ms Amadi is the secretary.

Mr Khaemba noted that disagreeing with a decision of a court is well within the legal system but must be done within the confines of the Constitution.

“What we are seeing here is an attempt by a few individuals who wish to acclaim themselves above the Constitution. Once you question the independence of the Judiciary, then you're in breach of Article 2 of the Constitution,” he said.

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