A petition filed with the Judicial Service Commission (JSC) has thrust Chief Justice Martha Koome into a contentious spotlight, as petitioner Michael Kojo Otieno demands her removal from office, citing alleged legal violations.
In the petition seen by Nairobi Law Monthly, Otieno contends that Chief Justice Koome failed to adhere to the law in the appointment of members to the tax appeal tribunal.
He further emphasizes the critical need for judicial officers to uphold a special and revered position, calling for scrupulous care in adhering to the judicial code to maintain the integrity of the Judicial Service.
The petitioner, Kojo, asserts that CJ Koome lacked transparency and diligence in her actions, accusing her of discrimination against individuals who applied to be members of the board.
According to Kojo, the Chief Justice breached the law by appointing more members than stipulated by the relevant Act, further alleging a lack of transparency in the appointment process.
At the core of the accusations is the claim that Chief Justice Koome failed the test of selflessness and public interest while appointing members to the Tax Appeals Tribunal.
Kojo argues that her actions eroded public trust and violated Article 166 (2) of the Constitution, outlining the expected conduct of a judge, judicial officer, and judicial staff.
The petitioner accuses CJ Koome of discriminatory practices against certain individuals who sought positions at the tribunal. Moreover, he alleges an abuse of office, contending that the Chief Justice burdened Kenyan taxpayers by appointing two members not budgeted for.
The petition strongly asserts that Chief Justice Koome is unfit to hold her position, citing a failure to execute the duties of the office with the powers conferred by an act of parliament in the appointment of Tax Appeal Tribunal members.
In addition to seeking Koome’s removal, Kojo calls for the declaration of her actions in appointing tax appeal tribunal members as illegal, null, and void.
The unfolding developments place Chief Justice Martha Koome at the center of a legal storm, with the Judicial Service Commission now tasked to address the allegations and determine the course of action.