Justice Mrima of the High Court could be in trouble after one Michael Mutembei Kibutha Makarina filed a petition before the Judicial Service Commission (JSC), seeking his removal.
The petition filed through lawyer Danstan Omari alleges gross misconduct, incompetence and partiality against Mrima in the Jimmy Wanjigi versus DCI boss George Kinoti case.
Makarina claims Kinoti’s sentence was passed after the court insisted that he was in possession of Wanjigi’s firearms
The appellant wants the court to probe Mrima’s conduct to find out his reasons for the deliberate legal misdirection.
Makarina also prayed the JSC to suspend Mrima immediately for allegedly displaying openly bias, incompetence, corrupt behaviour and misconduct in the exercise of his judicial functions.
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“The Judicial Service Commission be pleased to order the immediate suspension of the Honourable justice Anthony Mrima for his open show of bias, incompetence, corruption, misbehavior and misconduct in the exercise of his judicial functions in Petition no.520 of 2017 between Jimi Wanjigi & another versus Inspector General of Police and 3 others,” the petition read.
Makarina also argued that Mrima ignored the sentencing policy guidelines the court should follow when sentencing any convict to avoid excessive and irrational sentences.
Makarina accused the judge of bulldocountry.ing Kinoti and convicting him to four months imprisonment without any other options.
“It is appalling and a clear abuse of the judicial discretion to have witnessed the accused judge run over the Director of the Criminal Investigations and to have convicted him to jail for four months without any other option for the decision of the court while being ignorant of the evidence,” Makarina argued.
He also argued that the judge handed Kinoti the four-month jail term disreading his role in bringing security and tranquility in the country.