Deputy President Rigathi Gachagua has been sued for his embarrassing remarks, terming High Court Judge Esther Maina as corrupt.
In a petition filed before Milimani High Court, the Kenya Human Rights Commission (KHRC) and Muslim for Human Rights (MUHURI) sought orders compelling Gachagua to formally withdraw and apologise for the utterances.
"We seek an order be issued that Deputy President Rigathi Gachagua publishes in two newspapers with national circulation - a retraction and apologies on the injurious statements alleging corruption against Lady Justice Esther Maina, within 14 days of the court's judgement and files proof hereto with the court," the two human rights groups said in their petition.
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They contend that the Deputy President’s utterances against the judge had brought the Judiciary into a situation of mockery and shame.
According to the two human rights organizations, Gachagua's intended action against the judge has subjected the judicial arm of the government to a state of ridicule and embarrassment.
They argue that if the impugned conduct goes unabated by the court, there is a significant risk of constitutional disorder, leading to a loss of public trust in the Judiciary.
The petitioners now also want the court to declare that Gachagua's sentiments and conduct to term judges as corrupt without any evidence is a violation of Article 75 of the constitution.
"We seek a declaration that the Deputy President's utterances being unsubstantiated claims of corruption, constitute a threat to the person of Justice Maina," the petition reads.
Additionally, the petitioners ask the court to declare that the Deputy President's words and actions detract from the dignity of the position.
"A declaration that the public utterances and conduct of Gachagua in early January are a violation of the independence of the judiciary," they argue.
In January, 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.
Through a press statement by the head of Deputy Presidential Press Service Njeri Rugene, Gachagua said he did not file a petition against Justice Maina of the Anti-Corruption Court since the move had been prompted by the need to allow for dialogue between the Executive and the Judiciary on the conduct of judicial officers.
