BY IRENE ONYANGO. .
An activist has petitioned the removal of Chief Justice Martha Koome from office for allegedly disregarding the law.
Michael Kojo Otieno says in the petition lodged at the Judicial Service Commission (JSC) that Justice Koome disregarded the rule of law in the appointment of members of the Tax Appeal tribunal.
“Chief Justice Koome while appointing tax appeal tribunal officials, failed to be honest in the execution of powers granted to her by the Tax Appeal Tribunal Act based on powers given as a judicial officer,” stated Otieno.
The petitioner further argues that Koome failed to take lawful administrative actions in the appointment of the said persons.
While referring to the Judicial Service Code of Conduct and Ethics, Article 3,(10) and rule 3(5) of the Public officer Ethics, Otieno noted that the top Judge failed to comply with the express provision which required the her to appoint not less than 15 members and not more than 20.
The membership is currently composed of 22 members, he said.
The activist says Justice Koome dishonestly executed powers conferred to her by the Tax Appeals tribunal as well as failing to act in public interest.
“The judge has failed the test of being selfless based solely on the public interest being demonstrated with honesty in the execution of public duties while appointing the members of the Tax Appeal Tribunal,” stated the petition.
Otieno wants the JSC to declare Koome’s contribution in the appointment of the officials as illegal, null and void.
He has questioned the integrity of the Chief Justice saying her action has made Kenyans to receive services with low quality while paying high taxes to accommodate the two extra persons.
He also argues that for the reasons, Koome is not fit to hold the office hence should be removed and office be given to a leader who will serve to the interest of Kenyans.
