DP Gachagua Sued Over ‘Embarrassing’ Remarks Against Judge Esther Maina
One month following Deputy President Rigathi Gachagua’s decision to withdraw a proposed petition against High Court judge Esther Maina, the Kenya Human Rights Commission (KHRC) and Muslim for Human Rights (MUHURI) are now requesting an apology.
In the legal document submitted to the court, the two human rights groups contend that the deputy president’s proposed measures against the judge have brought the judiciary into a situation of mockery and shame.
They also assert that should the questioned behavior persist without intervention from the court, there is a significant risk of constitutional disorder, leading to a loss of public trust in the Judiciary.
The petitioners are requesting the court to mandate Gachagua to issue a retraction and apology, accusing Lady Justice Esther Maina of corruption in two nationally circulated newspapers within 14 days following the court’s decision.
“A declaration that his utterances being unsubstantiated claims of corruption, constitute a threat to the person of justice Maina,” reads the petition.
Deputy President Rigathi Gachagua, along with the Ethics and Anti-Corruption Commission (EACC) and the Attorney General, have been identified as the individuals or entities facing charges in the legal matter.
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The petitioners are also seeking a court order to declare that the statements and behavior of the Deputy President tarnish the dignity associated with the position of Deputy President.
“A declaration that the public utterances and conduct of Gachagua in early January are a violation of the independence of the judiciary,” they argue.
Gachagua had committed to oust Justice Maina, whom he alleged had declared his wealth from illicit activities in a manner that tarnished his reputation.
“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.
DP Gachagua Sued Over ‘Embarrassing’ Remarks Against Judge Esther Maina
