Fredrick Bikeri an activist has filed a petition before the Judicial Service Commission seeking the removal of High Court Judge Justice Anthony Mrima.
The activist wants the judge removed on grounds of; gross misconduct, incompetence, bias, corruptive practices, non-observance and adherence to the rule of law and public interest principles, partiality, breach of chapter six of the constitution and breach of judicial service regulations.
He cites a judgment he made in the High Court in May 2022 barring the National Police Service, the Ethics and Anti-Corruption Commission, the Kenya National Commission on Human Rights, the Kenya Revenue Authority, the Commission on Administration of Justice, the Anti-Counterfeit Agency, or any other entity mandated with criminal investigation role to draft, sign or present any charge sheet in any criminal prosecution in Kenyan courts.
“The upshot of the judgment is fatal to national security, overlooking separation and segregation of powers and giving rise to unwarranted conflict of interest among various key players in the criminal justice system,” says the petitioner.
He claims that the judge acted outside the law by giving the orders when in the first place the ODPP had not sought them.
Bikeri claims that the ruling has occasioned delay of numerous criminal cases and affected the entirety of the criminal justice system, and compromised national security.
“This judgment is a clear indication of judicial overreach, irresponsible gross misconduct/misbehaviour by the accused judge using his discretion erroneously which is appalling and a clear abuse of judicial discretion and a paramount threat to national security,” says the petition.
The Activist believes that his petition against the Judge is strengthened by numerous other petitions that have been lodged against the Justice Mrima at JSC seeking his removal from office.
