Judicial Shield: JSC Stands Firm in Defense of Chief Justice Koome Amid Removal Petition
The Judicial Service Commission (JSC) has upheld Chief Justice Martha Koome’s formation of the Tax Appeal Tribunal in response to a petition filed on Thursday seeking her removal from office.
Michael Kojo Otieno, a civilian, submitted a petition aiming to oust Koome, contending that the Chief Justice had misused their authority by appointing two Tribunal members beyond the legally permissible limits.
As per the Tax Appeals Tribunal (Amendment) Act, the statute specifies that the composition should include the chairperson and a maximum of 20 members of the Tribunal.
The JSC, as communicated by its registrar Winfrida Mokaya in an official statement, announced that it convened on June 2, 2022. During the meeting, it was decided, by legal provisions, to designate 21 individuals to specific roles.
The petitioner asserts an increase in membership to 22 with the appointment of an additional person. However, the Registrar highlights that Ann Waithera Githinji resigned as the Tribunal’s Secretary on October 23, 2023. Consequently, the total count stands at 21, including the chairperson.
Mokaya disclosed that in 2022, Ali Tanvir Mohsin, a member of the Tribunal, stepped down from his position, and Elisha Njeru took over as his replacement.
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The reply follows petitioner Otieno’s attempt to oust CJ Koome from her position, citing Constitutional violations.
He contended that the Chief Justice did not adhere to legal requirements and did not carry herself in a way that fostered transparency.
He also mentioned that the Chief Justice did not succeed in building public confidence in the selection of the members, raising concerns about her leadership and behavior.
Otieno asserted that Koome displayed discrimination against individuals who submitted applications, and therefore, he is deemed unsuitable for the position.
He also aimed to invalidate the appointments made by the Chief Justice.
“The actions of the Chief Justice in appointing members more than the stipulated requirement violated section 4b of the Tax Appeal Tribunal Act,” Kojo stated.
“Her actions in the appointment of the tax appeal tribunal are indeed illegal, null and void, and hence unfit to hold public office.”
Judicial Shield: JSC Stands Firm in Defense of Chief Justice Koome Amid Removal Petition
