President Uhuru Kenyatta has until Wednesday to form a tribunal to investigate the conduct of Supreme Court judges accused of acting “out of order”.
The move comes in the backdrop of a looming crisis at the apex court, as six of its members have petitions filed against them.
Chief Justice David Maraga has not been spared, as abuse of office accusations have been levelled against him. Yusuf Dimbili cited gross misconduct and abuse of office and further questioned Maraga’s presence in political rallies.
Embattled Deputy Chief Justice Philomena Mwilu has not been handling her docket since last August when the High Court suspended 13 criminal charges involving her commercial transactions with the collapsed Imperial Bank.
Last month, the Judicial Service Commission (JSC) also said it had received and tabled a petition filed against justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
Article 168 states that a judge of a superior court may be removed from office only on grounds of inability to perform the functions of office arising from mental or physical incapacity, a breach of a code of conduct, bankruptcy, incompetence, gross misconduct or misbehaviour.