Ex-LSK chief files petition to remove two judges from Supreme Court


Supreme Court Judge Lady Justice Njoki Ndung’u
Supreme Court Judge Lady Justice Njoki Ndung’u.

The succession battle and jostling the position of the retired Chief Justice Dr. Willy Mutunga has begun, with a petition to remove Supreme Court Judges Njoki Ndung’u and Jackton Ojwang from the bench, over gross misconduct being filed.

Former Law Society of Kenya CEO Apollo Mboya has filed a petition with the Judicial Service Commission to institute the process of removal of the two judges for gross conduct and misbehavior.

In his petition, Mboya claims that the two judges exhibited “…total lack of courtesy towards counsels and interested party and bad judicial temperament in their general attitude…” during the apex court’s hearing and ruling on the retirement of retired Judges Kalpana Rawal and Philip Tunoi.

Mboya further deems the absence of judges Njoki and Ojwang’ from the ruling on applications of stay Thursday, as “…incomplete disregard to their constitutional duty and oath of office…” by absenting themselves from the Supreme Court and as a result precipitated lack of quorum.

The Constitution under Article 168 spells out the process of a removal of a judge – which is either on the JSC’s own volition or through a petition on the conduct of a judge, the latter, the route Mboya has taken to seek the ouster of the two judges.

Pundits argue that the race to succeed Mutunga is not lost to many with the Judicial Service Commission inviting interested applicants to meet a July 7th deadline.

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Story By Jacque Maribe
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