A Kenyan activist has filed a petition to remove Chief Justice Martha Koome from office. Michael Kojo Otieno filed a petition that raises serious allegations against Chief Justice Martha Koome regarding the May 10, 2023 appointment of members to the Tax Appeals Tribunal.
“That the Chief Justice of the Republic of Kenya is unfit to hold the office of chief justice for failing to execute the duties of the office of the chief justice in the appointment of members of the Tax Appeal Tribunal,”
The petition read in part.
Why Petition was Filed against CJ Martha Koome
The petition by Otieno outlines several concerns related to Chief Justice Koome’s actions in appointing members to the Tax Appeals Tribunal. These concerns include allegations of exceeding the stipulated member count by two, lack of transparency in the appointment process, discrimination against applicants, and violations of constitutional articles and acts.
As a result, the petitioner sought CJ Koome’s appointment of the tax appeal tribunal members to be rendered invalid and void.
“The actions of the Chief Justice in the appointment of the tax appeal tribunal are indeed illegal, null and void and hence unfit to hold public office,”
The petitioner said.
Appointment Background
Chief Justice Koome appointed new members to the Tax Appeals Tribunal through a Gazette notice dated May 10, 2023. This appointment, which was intended to last for a term of three years, has become the focal point of the petition, with Otieno raising questions about the legitimacy and adherence to the law in the selection process.
“In exercise of the powers conferred by section 4 of the Tax Appeals Tribunal Act, 2013, the Judicial Service Commission appoints members of the Tax Appeals Tribunal, for a term of three years, with effect from the 10th May 2023,”
CJ Martha Koome said.
Implications and Inquiry
The petition signals potential challenges to Chief Justice Koome’s tenure, as the Judicial Service Commission (JSC) is expected to review the allegations and conduct an inquiry. The outcome of this process will have far-reaching implications for the transparency and credibility of the judicial system in Kenya.
By Vivian K.