Thursday, February 1, 2024 – Chief Justice Martha Koome is now a woman under siege.
This is after a private citizen filed a petition seeking to remove her from office over what he describes
as failing to adhere to the law while appointing members of the tax appeal tribunal.
A petitioner Michael Kojo Otieno
claims that Koome failed to be transparent and discriminated against persons who applied to be members of the board.
Otieno based his petition on
seven accounts:
Account 1 - He argued that the CJ failed to comply with the
law by appointing more members than the number stipulated by the Act.
Account 2 - While appointing persons to serve at the Tax
Appeals Tribunal, the petitioner claims that CJ Koome failed to conduct herself
in a manner that promotes transparency.
Account 3 - The Chief Justice allegedly failed the test of
being selfless based on the public interest in executing her duties while
appointing the members.
Account 4 - He argued that Koome failed to foster public
trust in the appointment of Tax Appeals Tribunal members.
Account 5 - Otieno claims that CJ Koome's actions in the
appointment of the Tax Appeals Tribunal members violated Article 166 (2) of the
Constitution which stipulates the leadership conduct of a judge, judicial
officer and judicial staff.
Account 6 - The petitioner alleges that CJ Koome
discriminated against persons who applied at the tribunal as members.
Account 7 - He claims that the Chief Justice abused her
office and subsequently burdened Kenyan taxpayers with two members who were not
budgeted for.
"That the Chief Justice of
the Republic of Kenya is unfit to hold office of Chief Justice for failing to
execute the duties of the office of the chief justice with powers conferred
upon her by an act of parliament in the appointment of members of the Tax
Appeal Tribunal," read part of the petition.
Further, the petitioner sought
Koome's actions in the appointment of the tax appeal tribunal members to be
declared illegal, null, and void.
The Kenyan DAILY POST
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