In a petition to the JSC, Mr John Kiama and Mr Samuel Kamau want the commission to declare that the CJ displayed utter lack of competence by his recent utterances and death threat claims.
They say the utterances were careless, malicious, alarming and intimidating and that his move displayed lack of competence to be Kenya’s CJ.
“Going public with unsubstantiated claims touching on political disposition and threats on February 20, less than a fortnight to the General Election, casts the country in fear of a rift that led to the 2007 post-election violence,” they state.
Mr Kiama and Mr Kamau further want the JSC to declare that Dr Mutunga was in gross misconduct and misbehaviour for going public over unsubstantiated claims.
The duo say the CJ’s claims were aimed at singling out a presidential candidate which betrayed him as partisan and supporting a particular candidate in the coming polls.
The petitioners have also accused Dr Mutunga of breaching Chapter Six of the Constitution which deals with leadership and integrity.
Careless utterances
They also contend that the CJ’s utterances demeaned security agencies and showed lack of respect of other State organs and instead of going public, he could have had the allegations investigated.
Mr Kiama and Mr Kamau stated that their fears were re-awakened having experienced the 2007 post-poll violence that was caused by careless utterances similar to the ones made by the CJ.
They asked the JSC to consider their petition and to forward it to the President for further action. -Daily Nation
