The Kenya Human Rights Commission (KHRC) and Muslim for Human Rights (MUHURI) are now calling for an apology, one month after Deputy President Rigathi Gachagua withdrew a planned petition against High Court judge Esther Maina.
In their court filing, the two human rights organizations claim that the government's judicial branch is now laughing and ashamed at the deputy president's planned action against the judge.
They also assert an excellent chance of constitutional anarchy and a decline in public trust in the Judiciary if the court does not address the contested behavior.
Within 14 days of the court's decision, the petitioners want the court to order Gachagua to retract and issue an apology for the damaging statements they made about Lady Justice Esther Maina's alleged corruption in two national newspapers.
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"A declaration that his utterances being unsubstantiated claims of corruption, constitute a threat to the personam of justice Maina," the petition begins.
Respondents in the case include the Attorney General, the Ethics and Anti-Corruption Commission (EACC), and Deputy President Rigathi Gachagua.
Additionally, the petitioners ask the court to declare that the Deputy President's words and actions detract from the dignity of the position.
"A declaration that the public utterances and conduct of Gachagua in early January are a violation of violated the independence of the judiciary," they argue.
Gachagua had pledged to see Justice Maina removed because he believed that the judge had abruptly declared his wealth to be the proceeds of crime, a move he claimed was done to damage his reputation.
"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 on Thursday, this coming week at 2:15 pm," Gachagua stated in a previous speech in Elgeyo Marakwet.
The DP further asserted that Justice Maina turned down his request to cross-examine the case investigator and denied him the chance to be heard in opposition to all evidence rules.
Gachagua, however, changed his mind about submitting the petition to have Justice Maina removed from office.
The Deputy President's office released a statement stating that the action was necessary to facilitate discussions between the Executive and the Judiciary about judicial officer conduct.
