Judges to appear before JSC over alleged misconduct

Three Supreme Court judges will have a date with the Judicial Service Commission to defend themselves over allegations of misconduct after lawyers stepped up the push for their removal.

Law Society of Kenya (LSK) Chief Executive Officer Apollo Mboya has filed more grounds seeking the removal of Judges Jackton Ojwang, Mohammed Ibrahim and Njoki Ndung’u, and asked the JSC to expedite the hearing and take action against.

In his affidavit, Mr Mboya claimed there was a deliberate effort to delay determination on the allegations and wondered why he was being asked to substantiate his claims when he has provided enough evidence to show the judges were engaged in acts that lower the dignity of the court.

“The request for particulars of what they did is designed to delay proceedings since everything is contained in my petition filed in October last year. The JSC needs to take urgent action to safeguard the integrity of the Supreme Court,” said Mr Mboya.

He claimed the judges had engaged in misconduct by going on a go-slow in solidarity with two colleagues, Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi, who had refused to retire at the age of 70.

Mr Mboya is also questioning their conduct in making a judgment on an issue that was not before them to influence the outcome of the age dispute.

The five judges had ganged up against CJ Willy Mutunga while giving a judgment in an election petition.

“The judges’ findings were not part of the issues for determination in the election petition,” Mr Mboya said.

He added: “ It was strange that they pronounced themselves on a matter which has a bearing on the cases filed by Judges Rawal and Tunoi challenging their retirement age.

The JSC wrote to him on January 25, with a request from the three judges that he substantiates the allegations he has made against them.