A city resident has filed a petition before the Judicial Service Commission (JSC) seeking the removal of High Court Judge Anthony Mrima from office.
Michael Mutembei Kibutha Makarina wants the judge kicked out over gross misconduct and incompetence.
Makarina questions the judge’s conduct in the guns case involving the Directorate of Criminal Investigations (DCI) boss George Kinoti and businessman Jimi Wanjigi.
The judge had on November 18 sentenced the police boss to four months in prison for failing to comply with orders requiring him to return seven guns confiscated from the tycoon.
The petitioner claims Justice Mrima demonstrated lack of impartiality in dealing with the case.
He argues that Kinoti’s sentencing was made under the court’s stubborn insistence that Wanjigi’s guns were in his possession.
Makarina, through lawyer Danstan Omari, wants the judge probed to ascertain any benefit he may have received before the sentencing.
“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,” read court the papers.
“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.”
The complaint was filed days after Kinoti’s sentence was suspended by the Appellate Court following an appeal.
In the petition, Kinoti accuses Wanjigi and his wife Ireen Nzisa of harassment.
“I am apprehensive that the continued harassment of myself shall continue not unless the court grants the stay orders sought in my application dated 30th November 2021,” court documents read.
Kinoti has maintained that the said guns are not in his custody but that of the Firearms and Licensing Board.
Police had seized seven firearms belonging to the businessman at his house in Malindi in 2017.