Chief Justice Martha Koome wants the Court of Appeal to rule that President Uhuru Kenyatta violated the Constitution by failing to appoint six of the 40 judges appointed by the Judicial Services Commission (JSC) three years ago.
The chief justice also wants the court to declare that the solution to the alleged violation is to remove the president from office. In an appeal against a Supreme Court ruling that ordered Mr Kenyatta to appoint all six judges and if he failed to succeed the Chief Justice, Ms Koome also refused to appoint a new President.
Instead, she stated that the President had violated Articles 3 (1) and 166 (1) (b) of the Constitution or any other order guaranteeing the direct responsibility of the President.
“It is recommended that the court declare that the President … and 166 (1) (b) of the Constitution is a charge against the president or any other order that guarantees the direct responsibility of the president,” she said in court documents.
However, even if the appellate court finds the president to have violated the Constitution, the removal order may not be approved as it is a long legal process and the president has eight weeks left before the end of his term. Furthermore, Parliament has indefinitely adjourned for the August 9 general election.