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A private citizen has petitioned the Judicial Service Commission (JSC) to remove Chief Justice David Maraga from office on grounds of gross misconduct.

Timothy Odhiambo wants the CJ removed from office, saying he violated the judicial code of conduct.

The petition was filed on June 10, two days after the CJ accused President Uhuru Kenyatta of refusing to appoint 41 judges recommended by the JSC.

According to the petitioner, while Chief Justice is entitled to his right of opinion, his public attacks on the President had gone against the Judicial Code of Conduct and Ethics.

According to code of conduct:

“A judge shall, as far as is reasonable, conduct himself or herself as to minimize the occasion on which it will be necessary for the judge to be disqualified from hearing and deciding cases,”

Further, the code requires that a “ judge shall exhibit and promote high standards of judicial conduct in order to enhance public confidence in the judiciary, which is fundamental to the maintenance on judicial independence,”

Odhiambo says Maraga’s adverse allegations against the President amount to gross misconduct, misbehaviour and a breach to the code of conduct for judges.

He  wants the JSC to forward the petition to the President for further action under Article 168 of the  Constitution.

He accuses the CJ of sub-judice when he commented on matters before court- and in so doing, appeared to pick sides.