Former Law Society of Kenya CEO Apollo Mboya has called for the removal of David Maraga as Chief Justice following orders to hear all corruption cases in Nairobi.
The lawyer, who filed his petition with the Judicial Service Commission on the 16th of December, says the CJ should be let go for misconduct just three months into the appointment.
Mr. Mboya in his petition said the CJ breached the constitution while curtailing the jurisdiction of the High Court in other stations contrary to decentralization of governance and access to justice as provided in the constitution of Kenya.
He also added that hearing cases at the anti-corruption court in Nairobi would be an inconvenience to litigants.
Chief Justice Maraga ordered all applications challenging corruption charges to only be heard by High Court in Nairobi. The CJ said the move would speed up hearing of applications that are usually filed by suspects facing corruption charges.
Citing section 12 of the High Court (Organisation and Administration Act 2015), Mboya said the CJ was meant to be in consultation with the principal judge to facilitate reasonable and equitable access to services of the court. It also said that at least one station of the court should be established in every county.
Mboya is also protesting against a directive by the CJ issued on the 28th of November that land related matters filed before magistrates court be handled within such jurisdiction unless it is an appeal.
He argues that the steps are in complete disregard of principles of due discharge of judicial office.
Mr. Mboya criticized the CJ, saying he was required to promote high standards of judicial conduct in order to reinforce public confidence in the judiciary.
He said the petition for the removal of David Maraga was due to his lack of professional competence which includes intellectual capacity, legal judgment, diligence and substantive knowledge of the constitution.