Njoki Ndung’u to be investigated, High Court rules

Supreme Court Judge Njoki Ndung'u addresses the court on July 21, 2015. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Justice Joseph Onguto has declined to issue an order barring the Judicial Service Commission (JSC) from investigating her pending the hearing and determination of a case she had filed against JSC.
  • Former LSK CEO Apollo Mboya had filed a second petition on gross misconduct against the judge after she suspended the Court of Appeal's verdict concerning retirement age of Deputy Chief Justice Kalpana Rawal and Judge Phillip Tunoi.

Supreme Court Judge Njoki Ndung'u should be investigated over gross misconduct, the High Court has ruled.

Justice Joseph Onguto has declined to issue an order barring the Judicial Service Commission (JSC) from investigating her pending the hearing and determination of a case she had filed against the JSC.

Former LSK chief executive Apollo Mboya had filed a second petition against the judge alleging gross misconduct after she suspended the Court of Appeal's verdict concerning the retirement age of Deputy Chief Justice Kalpana Rawal and suspended Justice Phillip Tunoi.

Justice Ndung'u had moved to court claiming that she would not get a fair hearing since in an initial petition filed by Mr Mboya, she was not afforded a fair hearing.

Justice Onguto has ruled that the court cannot temporarily stop the JSC from holding any proceedings against her.

The initial petition was that Justice Ndung'u was part of a bench that issued a ruling that touched on the retirement age of judges.

The case will be mentioned on Tuesday for further directions.