I’m not on a go-slow, says Supreme Court judge

Supreme Court Judge Mohamed Ibrahim during a past hearing. FILE PHOTO | NATION MEDIA GROUP.

What you need to know:

  • He said there had been misconception that three judges of the highest court in the land “have withdrawn their services from the people of Kenya by engaging in an industrial action”.
  • The judge said the statements had portrayed Justice Jackton Ojwang’, Justice Njoki Ndung’u and himself wrongly and, as a result, a petition for their removal had been filed with the Judicial Service Commission (JSC).
  • The three judges had written to the JSC, saying the decision to have some of their colleagues — Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi — stop discharging their duties because they had attained 70 years was illegitimate interference with the work of the court.

A Supreme Court judge on Thursday denied that he was on a go-slow and said he was preparing a response to demands by the Judicial Service Commission on the matter.

“I would like to correct the erroneous recurring impression that I am or have “remained” on strike. The so called “strike” is unknown to me,” Judge Mohammed Ibrahim said in a statement to the media.

Justice Ibrahim said he continues to execute his constitutional duties as a Supreme Court judge.

He said there had been misconception that three judges of the highest court in the land “have withdrawn their services from the people of Kenya by engaging in an industrial action”.

The judge said the statements had portrayed Justice Jackton Ojwang, Justice Njoki Ndung’u and himself wrongly and, as a result, a petition for their removal had been filed to the Judicial Service Commission (JSC).

The three judges had written to the JSC, saying the decision to have some of their colleagues — Deputy Chief Justice Kalpana Rawal and Mr Justice Philip Tunoi — stop discharging their duties because they had attained 70 years was illegitimate interference with the work of the court.

On Monday, four Supreme Court judges dismissed as invalid a directive by the JSC that judges who have attained 70 years should not preside over cases.

Judges Ndung’u, Ojwang, Rawal and Tunoi disagreed with the Chief Justice in court while delivering a judgment in a petition challenging the election of Bomet Senator Wilfred Lesan.

They said the JSC had no supervisory powers over judges in the conduct of their judicial mandate.