Gachagua free to seek removal of Justice Maina but with evidence: LSK

Law Society of Kenya (LSK) President Eric Theuri has encouraged Deputy President Rigathi Gachagua to make good his threat to seek the removal of Justice Esther Maina as long as he has evidence.
Theuri, who spoke on Citizen TV, said anyone has right to file a petition at the Judicial Service Commission (JSC) for the removal of any judge, as long as they back their claims with evidence.
Gachagua on Sunday announced his intention to present a petition for Justice Maina’s removal before the JSC, alleging misconduct and corruption.
He claimed that the judge had declared his wealth as proceeds of crime without giving him a chance to defend himself.
On Monday, Theuri stressed that such a move would contribute to strengthening democratic institutions, as it would provide an opportunity to assess the merit of the allegations against the judge.
The LSK President’s comments echo Chief Justice Martha Koome’s invitation to all Kenyans, including the Executive, to provide evidence linking any judge to corruption.
He emphasized the importance of external vigilance to prevent any encroachment on the powers of any branch of government and urged civic duty in critiquing Parliament or the Executive when necessary, stating that it was essential to maintain a balanced democracy.
Gachagua’s threat follows persistent attacks on the judiciary by President William Ruto who claims some judges are corrupt and has vowed to disobey orders obtained corruptly.
Theuri’s call for submitting evidence and allowing due process to determine the merit of such allegations comes in response to the ongoing political rhetoric against the Judiciary that has not been substantiated, with some seeking to intimidate this branch of government.
Justice Maina had previously ordered the Deputy President to forfeit KSh202 million, stating that it was proceeds of corruption. However, Gachagua appealed this decision and accused Justice Maina of bias. Subsequently, in November 2022, the Anti-Corruption Court terminated his KSh7.3 billion corruption case due to a lack of evidence and cleared him to receive his money.
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