Judge loses bid to block JSC probe

A Supreme Court judge has lost her bid to stop the Judicial Service Commission from investigating her for gross misconduct.

Justice Susanna Njoki Ndung’u sued JSC last week, seeking to stop it from hearing and determining a second complaint of alleged gross misconduct against her.

High Court Judge Joseph Onguto ruled on Monday that he could not bar the JSC from handling the petition that seeks her removal from office.

Even though Justice Ndung’u had claimed that the JSC would not accord her a fair hearing, Judge Onguto ordered that the investigation should proceed as per Article 47 of the Constitution, which stipulates a fair and impartial process.

“Pending the hearing and determination of this case, the JSC is at liberty to proceed, it must comply with the law as well as provisions of fair administration and afford her a hearing before making its decision on the complaint against her,” the judge ruled.

Justice Ndung’u is also at the centre of a retirement age dispute involving her Supreme Court colleagues — Deputy Chief Justice Kalpana Rawal and suspended Judge Philip Tunoi — in the highest court.

Former Law Society of Kenya Chief Executive officer Apollo Mboya has on two occasions lodged complaints on alleged gross misconduct against her.

In the first one, Mr Mboya asked the JSC to remove Supreme Court judges Jackton Ojwang’, Mohammed Ibrahim and Ms Ndungu last October.

He claimed they engaged in misconduct by acting in a manner suggesting they were in solidarity with DCJ Rawal and Judge Tunoi, who had challenged their retirement at 70.

MISCONDUCT
He accused the trio of being part of a Bench that ruled on the judges’ retirement matter that those appointed under the old Constitution should retire at 74, just a few days before the JSC declared that the age is 70.

The lawyer accused them of determining a matter that was not before them in order to influence the outcome of related cases filed by DCJ Rawal and Justice Tunoi.

The verdict was delivered in an election petition involving Kanu Secretary-General Nick Salat on the Bomet Senatorial seat, which he lost to Prof Wilfred Lesan.

In the second complaint, on May 30, Mr Mboya challenged Justice Ndung’u’s orders on May 27, barring the duo from retiring at 70, suspending a Court of Appeal verdict issued the same day.

He accused her of gross misconduct for issuing the orders 30 minutes after the ruling despite having shown a conflict of interest.

Also, he accused her of setting a hearing date when Chief Justice Willy Mutunga would have retired in order to paralyse judicial services at the Supreme Court, accessing the court’s registry, grabbing a file and purportedly constituting herself as a single Bench to hear the matter and issue orders.

Mention is today.