The Judicial Service Commission has received a petition seeking the removal of Chief Justice David Maraga, over what is termed as gross misconduct, breach of code of conduct and misbehaviour.
Chief Justice David Maraga expressed his angst over the latest Executive Order by President Uhuru Kenyatta.Maraga faulted Uhuru’s Executive Order, especially the page that placed the Judicial Service Commission under a state department.The Chief Justice said the JSC is part of the Judiciary, a government branch that can’t be assigned functions by the executive.
In the order signed on May 11, the President assigned functions and institutions among ministries and state departments, superseding the Executive Order No. 1 of 2018 (Revised) issued in July 2018.
It contained portfolio responsibilities and changes made in the structure of government and specified functions of the constitutional commissions, independent offices, the Judiciary and ParliamentBut Maraga in a statement on Thursday said the order cannot restructure or assign functions to the other co- equal and co-substantial arms of government and independent commissions.
“An Executive Order cannot restructure or assign functions of the judiciary or the chief Justice,” he wrote, something that has set him on a collision path with the Presidency.