A petition has been filed before the Judicial Service Commission seeking to have Chief Justice (CJ) David Maraga removed from office.
The petition by Mr Fredrick Obilo is based on a pending case at the Environment and Land Court (ELC) over rent and parking arrears for building housing the Court of Appeal.
The ELC suit pits Sealink Holdings Ltd and another against the Chief Registrar and two others. The land suit was filed on May 10, 2016
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Court of Appeal building lease
On January 1, 2013, the Judiciary took over the premises of Elgon Place Nairobi for use as the new Court of Appeal premises.
"That despite completion and possession of the leased premises, the Judiciary has refused to pay the rent and parking fees for the parking bays on the one part and service charge on the other part in accrued sum of $ 1,260,458.86 and Sh 22,840,220.20 as at March 31, 2015," reads the petition.
The petitioner claims that failure by Judiciary to pay the money -- roughly Sh152.6 million -- resulted in the filing of the ELC suit.
Three-judge bench
Mr Obilo says the case was filed in 2016 and referred to the CJ Maraga who has failed to form a three-judge bench to hear the matter.
"Despite having knowledge of the case, the CJ has failed to invoke the provisions of Article 159 to ensure speedy and just hearing of the case,” says Obilo.
He says failure to respect the law or to resolve the ELC matter triggers concerns about the integrity of the CJ.
"Failure by the CJ to put an end to the wastage of public funds through the leased premises amounts to abuse of office contrary to the oath he took to uphold the dignity and respect of the judiciary," says Obilo.
He claims Mr Maraga has demonstrated a breach of the judicial code of conduct in handling the ELC case by failing to promote speedy resolution of the dispute.
The CJ, he says, has not been transparent by failing to terminate the contract of the leased premises leading to wastage of public funds as the leased premised continues to incur costs.
Mr Obile wants JSC to form a tribunal to investigate and make a determination on the alleged breach of the judicial code of conduct by the CJ.
