ITEN, Kenya, Jan 14 – Deputy President Rigathi Gachagua says he will present a petition for the removal of Justice Esther Maina before the Judicial Service Commission (JSC) for alleged misconduct and corruption.
Speaking in Iten during a church service attended by President William Ruto, Gachagua claimed that Justice Maina declared his wealth proceeds of crime without giving him a chance to defend himself.
He indicated that he will present his complaint before the JSC on Thursday at 2.15pm.
“On Thursday, this coming week, at 2:15 pm I will personally present a petition before Lady Chief Justice Martha Koome against Justice Esther Maina for her removal from the judiciary for misconduct and corruption,” Gachagua said.
His statement follow the invitation of Chief Justice Martha Koome challenging all Kenyans including the executive to table evidence linking any judge to corruption.
In his address on Sunday, Gachagua claimed that he had evidence linking Justice Maina to graft.
“Against the rules of evidence where who he alleges must prove, we made an application to cross examine the investigator and she refused because she knew there was no case,” he stated.
“Those Kenyans who have petitions let them file.I ask willing Kenyans to join me on Thursday so that they process this petitions,” Gachagua urged.
On July 2022 months before the polls, Justice Maina ordered Gachagua, to forfeit Sh202 million for being proceeds of corruption. She said the lawmaker could not prove how he raised the money.
The case emanated from Gachagua’s three personal accounts where the Assets Recovery Unit conducted a series of huge suspicious debit transactions amounting to Sh7.3 billion.
Gachagua vowed to appeal the decision accusing Justice Maina of bias moving to the Court of Appeal to stay the orders.
In November 2022, months after Kenya Kwanza Alliance won the polls the Anti-Corruption Court terminated his Sh7.3 billion corruption case over lack of evidence.
The Deputy President accused the Law Society of Kenya of hypocrisy for staging demonstrations following President Ruto’s attack on the Judiciary questioning their alleged silence during violation of law in the previous regime.
“It’s now time to work. When the President got to power he was very kind to the Judiciary. When President Kenyatta refused to appoint the 21 judges they never said anything, in extrajudicial killings they didn’t speak.Right now is when they are coming out,” Gachagua noted.
Ruto’s allies
On his part, National Assembly Majority Leader Kimani Ichung’wah had asked Chief Justice Martha Koome to first deal with petitions and complaints against corrupt currently before the Judicial Service Commission (JSC) before seeking fresh complaints.
Ichungwa advised the Chief Justice to dispense the lodged complaints if the corruption vice is to be addressed.
The Kikuyu MP emphasized that it is only after this is done that Kenyans can bring in other petitions and memorandums to stem out corrupt judges.
“I want to ask the Chief Justice,you have hundred of complaints and petitions and you have done nothing as JSC to deal with them.Before you ask us as leaders to bring more complaints deal with those before the JSC and Ombudsman,” Ichung’wah said.
The National Assembly Majority Leader pointed out that Koome has not dismissed the corruption allegation within the third arm of government which he linked to a vice that is deeply rooted.
“I am happy because the Chief Justice did not deny that corruption is in Judiciary. Corruption and impunity is rife in Judiciary,” stated Ichung’wah.
The third-time lawmaker urged President Ruto to stand firm in defending government projects that have been shot down by the courts.
“I want to ask all of us not to shy or cow from speaking about impunity and corruption within Judiciary.We agree with the Opposition on independence of Judiciary but it doesn’t mean we condone graft,” Ichung’wah noted.
Koome responded to growing criticism against judges amid attacks by President Ruto who has accused some judges of corruption.
In a veiled reference to the Head of State, Koome who spoke on Friday during the handing over ceremony of Chief Registrar of Judiciary Anne Amadi, the Chief Justice challenged those aggrieved to lodge formal complaints against judges.
“The commission will only act on the basis of evidence and not blanket statements or allegations that have not been substantiated. Doing otherwise will mean an overthrow of the Constitution and the rule of law,” said Koome.
Senate Majority Leader Aaron Cheruyoit defended the ongoing accusations against the Judiciary saying attacks on rogue judges doesn’t amount to intimidation or infringement to the independence of Judiciary.
“The President didn’t say we fight with the Judiciary, he said we fight with rogue individuals. I therefore don’t understand these people making noise. They are making noise because they know they are rogue and that’s not intimidation,” he said.
Defence Cabinet Secretary Aden Duale castigated CJ Koome for failing to admit corruption has riddled the arm of government compared to her predecessors who have raised the flag on graft within the corridors of justice.
“Her predecessor did better because they confessed there’s corruption in Judiciary but shes unable to do that. Her only message is use this route,” Duale stated.
Duale implored the President to remain firm saying Judiciary has previously been an arsenal used by cartels to impede critical government projects including reforms in pension fund and National health insurance kitty.
“President Ruto be consistent, they want you to leave it and run away like your predecessors. All action show you stood for the independence of Judiciary. Many cases were brought and you said lets the rule of law take its shape,” he noted.
President Ruto has repeatedly accused state officers who have benefitted from the previous regime of working to sabotage key policies in his government.
His attacks on the judiciary, particularly a section of judges in the High Court, came after the Constitutional Court dealt a blow to the housing programme after declaring the Housing Levy unconstitutional for being discriminatory.
The judges ruled that Section 84 of the Finance Act, which amended the Employment Act to introduce the Housing Levy in violation to the principles of taxation for making distinction between formal and informal sectors, thus creating unequal and inequitable principles.
The High Court also slammed the brakes on the implementation and enforcement of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023 and the Digital Health Act 2023.
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) obtained court orders stopping the government from the planned rollout of the universal health coverage after contesting key provisions in the three Acts.
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