Deputy President Rigathi Gachagua has reversed his decision to initiate a petition to remove Judge Esther Maina from office.
In a statement published on Thursday, the Deputy President’s office stated that the action was motivated by the necessity for conversation between the Executive and the Judiciary on judicial officer conduct.
“Deputy President Rigathi Gachagua notes the current national discourse on judicial transparency and application of Article 10 of the Constitution of Kenya on the conduct of Judges and other Judicial Officers. He welcomes the statement by Chief Justice Martha Koome inviting dialogue on the critical issue of accountability of the Judiciary, which H.E President William Ruto has embraced.”
“In this regard, the Deputy President will not proceed with the matter of the petition, for now,” reads the statement issued by Njeri Rugene, Head of the Deputy Presidential Communication Service.
Gachagua had promised to remove Justice Maina, whom he accused of rudely announcing his money as the proceeds of crime, a move he claims was intended to tarnish 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 an address in Elgeyo Marakwet last Sunday.
The DP further alleged that Justice Maina denied him the right to be heard in violation of all evidentiary rules, and that she even denied his request to cross-examine the investigator in his case.
In 2022, Justice Maina denied Gachagua’s request that the Assets Recovery Agency unfreeze his funds.
Instead, the court ordered that he must surrender to the state the Ksh202 million in his accounts since they were the profits of wrongdoing.
Gachagua, on the other hand, received his money back when he and President William Ruto took office following the 2022 general election.
On Monday of this week, Chief Justice Martha Koome stated that the Judicial Service Commission (JSC) had contacted President Ruto to arrange a meeting to discuss any problems the Executive may have with the Judiciary or judicial personnel.
In response, President William Ruto praised Chief Justice Koome’s remarks about the need for dialogue to resolve recent attacks on the judiciary and corruption charges against judicial authorities.
On Tuesday, during the commissioning of the Tinderet Integrated Technical and Trainers College in Nandi County, President Ruto declared his willingness to lead the discussion, adding that all three arms of government should participate.