A petition has been filed before the Judiciary Service Commission seeking to have Chief Justice David Maraga removed from office.  

The basis of the petition by Fredrick Obilo arises from an Environment and Land Court case over Elgon Building in Nairobi, which was to host the Judiciary. 

The suit is between Sealink Holdings Ltd and another vs Chief Registrar of the Judiciary and two others, which was filed on May 10, 2016 which is still pending for determination.  

Obilo alleges that the case was filed in 2016 and referred to the Chief Justice for empaneling of a three-judge Bench to hear the matter, has kept the matter in abeyance and failed to act on it. 

“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,” he says.

The petitioner claims that on January 1, 2013, the Judiciary took over the premises of Elgon Place for use as the new Court of Appeal premises.

“That despite completion and possession of the leased premises, the Judiciary has refused to pay rent and parking fees on the one part and service charge on the other part in accrued sum of Sh122 million and Sh22.48 million as at March 31, 2015,” reads the petition in part. 

He claims that failure by the Judiciary to pay the money resulted to filing of the ELC suit. 

Further, Obiro 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.

The petitioner also wants the CJ, in line with the rule of Judicial code of conduct, recuse himself from being part of those that will determine the petition when it comes to the JSC.