Why This Kenyan Wants CJ Martha Koome Removed From Office

The petitioner, Michael Kojo Otieno, accused the Chief Justice of failing to adhere to the rule of law in terms of appointing members of the tax appeal tribunal.

Why This Kenyan Wants CJ Martha Koome Removed From Office
Chief Justice Martha Koome looking at her laptop during a past court session. /FILE

A private citizen has, against all odds, filed a petition before the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome from office.

The petitioner, Michael Kojo Otieno, accused the Chief Justice of failing to adhere to the rule of law in terms of appointing members of 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...," reads the petition in part.

Kojo further argued that CJ Koome was not transparent and diligent, adding that she discriminated against persons who had applied to be members of the board.

A court gavel. /TWITTER

"The actions of the chief justice in appointing members more than the stipulated requirement violated section 4b of the Tax Appeal Tribunal Act," he added in the petition.

He argued that for the above reasons/arguments, the chief justice is unfit to hold office and should be removed from office.

Further, the petitioner sought Koome's actions in the appointment of the tax appeal tribunal members to be declared illegal, null, and void. 

Neither CJ Koome nor the JSC had yet to respond to the petition, setting unexpected precedence in the workings of the Judiciary, which has been subject to wave after wave of attacks from the Executive.

CJ Koome however met President William Ruto on Monday, January 22 at State House, Nairobi and reached an agreement that would consolidate the three arms of government, the Legislature included, in terms of working to end corruption in the Judiciary.

During the closed-door meeting, it was agreed that corruption remains an existential threat to the nation which has permeated the three arms of Government, undermining the country's tremendous development potential and sabotaging the much-needed transformation of Kenya.

Each of the three arms of Government was committed to enhancing service delivery, fighting corruption and promoting the overall administration of justice to enhance accountability to the people of Kenya.

Furthermore, the Executive, Legislature and the Judiciary agreed to individually develop policies, guidelines, regulations and legislative proposals to achieve the objectives of fighting corruption, improving service delivery and enhancing institutional accountability of all arms of Government to the people of Kenya.

To optimize the efficient delivery of service and the fight against corruption, the Executive, and the Legislature, will support the Judiciary's request for additional budgetary support to achieve among others the following:

  1. To facilitate the recruitment of an additional 25 Judges of the High Court.
  2. To facilitate the recruitment of 11 new Judges of the Court of Appeal.
  3. Resources will also be provided to conclude the vehicle leasing program to facilitate the judiciary's transport needs.

Finally, the Executive, Legislature, and Judiciary expressed commitment to performing their functions in a manner that respects, promotes and enhances the rule of law, institutional independence, and respect for court decisions.

President William Ruto shakes hands with Chief Justice Martha Koome at State House, Nairobi on September 14, 2022. /FILE