NAIROBI, Kenya, Sep 20 – The Judicial Service Commission (JSC) intends to question Supreme Court Judge Njoki Ndung’u in a petition in which she is seeking to stop the latter from probing her over gross misconduct.
In an application lodged before High Court Judge Chacha Mwita, the JSC wants Lady Justice Ndung’u to defend herself in person, following affidavits she has filed against Apollo Mboya’s petition.
In particular, the JSC wants to cross-examine the apex court judge on the minutes of a meeting that Supreme Court judges held on October 6, 2015.
Last month, former CJ Willy Mutunga swore an affidavit in support of Mboya’s petition accusing Lady Justice Ndung’u and her counterpart Jackton Boma Ojwang of going on strike hence crippling the court’s operations for close to two weeks.
Mutunga has denied the decision to go on strike in 2015 was a collective one.
Apparently, the strike was to protest the decision of JSC to retire the then Deputy CJ Kalpana Rawal and Justice Phillip Tunoi.
Mboya wants JSC directed to investigate the conduct of Lady Justice Ndung’u for participating in an illegal strike thereby paralysing the Supreme Court’s operations.
Also sought is an order directing the JSC to recommend to the President formation of a tribunal to probe the conduct of Lady Justice Ndung’u.
But the judge in her affidavit has challenged JSC’s decision to admonish her, arguing that she was not accorded a fair hearing.
She wants the High Court to determine the parameters through which the JSC can operate to avert any potential abuse of the commission’s powers which may erode the very independence of the Judiciary it is mandated to protect.
Justice Mwita will give further directions on the matter on October 9.