Published on March 6, 2024 by Kenneth Wepukhulu
Last Updated on 2 years by Kenneth Wepukhulu
Human rights organizations have moved to court to have Deputy President Rigathi Gachagua apologise to High Court judge Esther Maina.
A month after Deputy President Rigathi Gachagua dropped a planned petition against High Court judge Esther Maina, the Kenya Human Rights Commission (KHRC) and Muslim for Human Rights (MUHURI) are now demanding an apology.
In their petition filed in court, the two human rights organizations argue that the deputy president’s intended action against the judge has subjected the judicial arm of the government to a state of ridicule and embarrassment.
They further claim that if the impugned conduct goes unabated by the court, there is a high likelihood of constitutional anarchy where members of the public will lose confidence in the Judiciary.
The petitioners want the court to order that Gachagua publish in two Newspapers with national circulation retraction and apologise for the injurious statements alleging corruption against Lady Justice Esther Maina, within 14 days of the court’s judgment.
“A declaration that his utterances being unsubstantiated claims of corruption, constitute a threat to the personam of justice Maina,” reads the petition.
Deputy President Rigathi Gachagua, the Ethics and Anti-Corruption Commission (EACC) and the Attorney General have been named as respondents in the case.
The petitioners also want the court to order that the utterances and conduct of the DP diminish honour of the office of the Deputy President.
“A declaration that the public utterances and conduct of Gachagua in early January are a violation of violated the independence of the judiciary,” they argue.
Gachagua had vowed to ensure the removal of Justice Maina whom he accused of unceremoniously declaring his fortune proceeds of crime, a move he says was meant to taint his image.
“On Thursday, this coming week at 2:15 pm, I will personally present a petition before Lady Chief Justice Martha Koome against Justice Esther Maina for her removal from the Judiciary for misconduct and corruption,” Gachagua said during a past address in Elgeyo Marakwet.
The DP further claimed that Justice Maina denied him the opportunity to be heard against all the rules of evidence and that she even refused his application to cross-examine the investigator of his case.
Gachagua however backtracked on his plan to file the petition for the removal of Justice Maina from office.
In a statement, the Deputy President’s office said the move had been prompted by the need to allow for dialogue between the Executive and the Judiciary on the conduct of judicial officers.
