, NAIROBI, Kenya, June 6 – Supreme Court judge Njoki Ndung’u has lost a bid to stop the Judicial Service Commission (JSC) from probing her conduct following a complaint.
High Court judge Joseph Onguto declined to restrain a special committee of the JSC from investigating her conduct saying public interest dictate that constitutional bodies be allowed to exercise their constitutional mandate.
“It would be inappropriate to stop the JSC from probing her conduct,” he ruled.
However, the judge directed the latter to investigate her within the confines of the law by giving her an opportunity to tell her side of the story before making a determination.
Last week Justice Ndung’u lodged an urgent application complaining that the special committee had proceeded to investigate her but was never invited to defend herself.
“ The JSC was under an obligation to require the judge appear before the committee as the contrary is a breach of legitimate expectation and her constitutional rights,’’ he ruled.
Justice Ndung’u is aggrieved following the decision to probe her conduct over the manner in which she handled an election petition filed by Kanu Secretary General Nick Salat.
The committee was set up on February 29 2016 following a complaint by former LSK Chief Executive Officer Apollo Mboya.
Justice Ndung’u wants the High Court to determine the parameters through which the JSC can operate to avert any potential abuse of its powers which may erode the very independence of the Judiciary the JSC is mandated to protect.
According to the JSC, the said complaint did not warrant the recommendation for the formation of a tribunal by the President.