Judiciary Service Commission receives petition to remove Chief Justice
By Antynet Ford
A petition has been filed at the Judiciary Service Commission (JSC) for the removal of Chief Justice Martha Koome over the appointment of twenty-two members of the Tax Appeal Tribunal.
In his petition, Michael Kojo Otieno stated that the CJ went against the Judicial Code of Conduct and Ethics by failing to adhere to the set rules and regulations on the appointment of the members of the tribunal.
He accused her of discriminating against persons who applied to be members and appointing members more than what is stipulated in section 4 of the Tax Appeal Tribunal Act.
Otieno who is a resident of Homabay County further accused Koome of failing to comply with the express provision which required her to appoint not less than fifteen members and not more than twenty of which she appointed more members than the number required as per the law.
“The judge violated Article 3, 10 and rule 3(5) of the code of conduct of judicial officers as read with Public Officers Ethics Act hence defeating public confidence.” The petition reads in part.
He faulted the CJ for burdening Kenyan taxpayers with her decision to appoint two more members to the tribunal who were not budgeted for.
“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.” Otieno stated.
Otieno added that while appointing persons to serve at the tax appeal tribunal, the CJ failed to be honest in the execution of powers conferred to her by the Tax Appeal Tribunal Act based on powers conferred to her as a judicial officer contrary to rule 12(1) of the judicial officers’ code of conduct hence unfit to hold the office of a judge.
“Koome has failed the test of being selfless based solely on the public interest being demonstrated with honesty in the execution of public duties while appointing the members of the Tax Appeal Tribunal,” the petitioners say.
The petition accuses the judiciary head of not being transparent, diligent nor committed to upholding the rule of law.
“The actions of the Chief Justice in the appointment of Tax Appeal Tribunal members violates Article 166(2)(c) of the Constitution and Section 13 of the Leadership and Integrity Act, a judge, judicial officer, and judicial staff shall observe and maintain the following ethical and moral requirements.” The petition stated.
The petition comes almost nine months after the CJ appointed the members of the tribunal.
Last year, on May 10, Koome gazetted the new members of the Tax Appeals Tribunal through the JSC who are expected to serve for three years.
The petition seeking the removal of CJ Koome from office comes months after she appointed new members of the Tax Appeals Tribunal.
“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.” The CJ said in the gazette notice.
The appointed members include; Ogaga Gloria Awuor, Ongeti Walter Juma, Ololchike Sankale Spencer, Diriye Abdullahi Mohamed, and Vikiru Timothy Bunyali.
Other appointees include Komolo Erick Onyango, Kashindi George Ashiono, Ng’ang’a Eunice Njeri, Muga Christine Anyango, Makau Martin Mutiso James, Terer Boniface Kibiy and Bernadette Muthira Gitari.
The tribunal hears and determines appeals from a person who disputes the decisions of the commissioner on tax matters arising under the tax law provisions.
It also hears tax matters from taxpayers, both individual and corporate persons, tax agents, advocates, and the Kenya Revenue Authority.
