Justice Martha Koome currently wants President Uhuru Kenyatta impeached for neglecting to appoint six of the 40 judges nominated by the Judicial Service Commission.
In an allure against the High Court ruling, CJ Koome wants the court of appeal to proclaim that the answer for the President’s refusal to appoint the six is his impeachment from office.
The High Court had directed the President to swear in the six , failure to which, the CJ ought to do so.
The CJ, in the appeal case has refused take up the role and on second thought looks for the court’s declaration that the President has violated Articles 3(1) and 166(1)(b) of the Constitution or whatever other request that gets immediate responsibility of the President.
“It is proposed that the court makes a declaration that the President… is in violation of Articles 3(1) and 166(1)(b) of the Constitution. A declaration that the appropriate remedy for the violation of Articles 3(1) and 166(1)(b) of the Constitution is the impeachment of the President or any other order that secures direct accountability of the President,” Koome said in the court papers.
The other arrangement that the CJ accused Uhuru for abusing is Article 166(1)(b), which states “the President shall appoint all other judges, in accordance with the recommendation of the Judicial Service Commission”
Assuming the court of allure is to allow the CJ’s solicitation, the impeachment is probably not going to materialize considering the president is only two months from the expiry of his residency and the Kenyan Parliament has adjourned indefinitely.
