Ex-president for the Law Society of Kenya (LSK) Apollo Mboya has written to the Judicial Service Commission seeking the removal of four Court of Appeal judges over allegations of gross misconduct.
Mboya wants the Court of Appeal President Justice Kihara Kariuki, and his colleagues; judges Erastus Githinji, Martha Koome, and Fatuma Sichale removed from office.
His grounds are that justice Kariuki formed a bench to sit on October 25, a day that was set aside as a public holiday.
On this day-the eve of repeat presidential elections, the Appellate Court quashed a High Court ruling that had declared the appointment of IEBC returning officers illegal.
High Court judge justice George Odunga had declared in a ruling hours to the repeat polls that returning officers were unlawfully gazetted.
But in a three-judge bench constituted by Justice Kariuki, the decision was reversed.
The three judges said judge Odunga’s decision could jeopardize the preparations for October 26 repeat polls and could potentially render the repeat elections irregular even before they are held contrary to the provisions of Article 140(3) of the Constitution.
This, cites Mboya according to the Star, was done without the authorization of Chief Justice David Maraga which amounts to gross misconduct and misbehavior.
The ex-LSK president said the acts of the four Court of Appeal judges were a show of insubordination to the CJ and should be punished accordingly.