Justice Ndungu identifies ‘forces’ behind judiciary woes

June 6, 2016 6:01 pm
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Justice Ndungu said Amadi created the false impression that she irregularly handled an application made by Deputy Chief Justice Kalpana Rawal and fellow Supreme Court judge Philip Tunoi on May 27 for orders staying their retirement/FILE
Justice Ndungu said Amadi created the false impression that she irregularly handled an application made by Deputy Chief Justice Kalpana Rawal and fellow Supreme Court judge Philip Tunoi on May 27 for orders staying their retirement/FILE

, NAIROBI, Kenya, Jun 6 – Supreme Court Judge Njoki Ndungu has accused the Chief Registrar of the Judiciary Anne Amadi of deliberately seeking to taint her reputation.

In an affidavit, Justice Ndungu said Amadi created the false impression that she irregularly handled an application made by Deputy Chief Justice Kalpana Rawal and fellow Supreme Court judge Philip Tunoi on May 27 for orders staying their retirement.

Justice Ndungu contends she rightfully presided over the matter as she switched shifts with Justice Mohammed Ibrahim who was indisposed.

“On or about April Justice Mohammed Ibrahim took an extended medical leave of absence for the months of May and June and this was approved by the Chief Justice and President of the Supreme Court. I am personally aware that the fact was brought to the attention of the Chief Registrar of the Judiciary, Anne Amadi and I therefore find it very disconcerting for her to state under oath that Honourable Justice Mohammed K. Ibrahim was the Duty Judge on the material date and that I should have referred the matter to him.”

The Judicial Service Commission in an application for the setting aside of Justice Ndungu’s orders staying Rawal and Tunoi’s retirement, provided a duty roster authenticated by Amadi in support of its assertion that her handling of Rawal and Tunoi’s applications for stay was irregular.

READ: Judiciary wants orders barring Rawal, Tunoi exit set aside

Chief Justice Willy Mutunga has since made it clear that Justice Ndungu was indeed the duty judge on May 27.

JSC lawyer Issa Mansur has also, “withdrawn,” the, “offensive,” portions of his affidavit – sworn in support of the application for the setting aside of Justice Ndungu’s controversial stay orders – that made reference to said duty roster.

“The Supreme Court constantly amends its duty rosters to accommodate unforeseen circumstances and other necessary adjustments and therefore the duty judge roster exhibited by Anne Amadi merely disclosed the intended duty allocation dates for 2016,” Justice Ndungu explained in her affidavit.

Justice Ndungu swore the affidavit on the same day the High Court declined to grant her prayer that the JSC be restrained from investigating her.

She has come under attack, not just from the JSC, for the way she handled Rawal and Tunoi’s applications for orders staying their retirement at 70.

Former Law Society of Kenya CEO Apollo Mboya is among them and he’s called for her dismissal.

“I swear this affidavit to bring to rest the highly misleading factual allegations made in the respondent’s affidavit aforementioned which could seriously prejudice my position as a judge sitting in this matter. The allegations impute impropriety on my part,” Justice Ndungu stated on Monday.

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