Chief Justice David Maraga has come under attack from the Jubilee top leadership. The government accuses Maraga of helping NASA to win court cases,particularly concerning IEBC.But being the CJ,it’s almost impossible to remove him from office before his term ends.
Below we provide details on the powers of the judiciary and how Maraga can be removed from his current hot seat.
Judicial authority.
#ARTICLE159
(1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles-
(a) justice shall be done to all, irrespective of status;
(d) justice shall be administered without undue regard to procedural technicalities; and
(e) the purpose and principles of this Constitution shall be protected and promoted.
Independence of the Judiciary.
#ARTICLE160
(1) In the exercise of judicial authority, the Judiciary as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.
(5) A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.
Functions of the Judicial Service Commission.
#ARTICLE172
(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall-
(c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates and other judicial officers and other staff of the Judiciary, in a manner prescribed by an Act of Parliament;
#ARTICLE168
(2) The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.
