JSC to cross-examine Supreme Court Judge Njoki Ndung’u on petitions

Supreme Court Judge Njoki Ndung’u Photo:Courtesy

The Judicial Service Commission has filed an application at the High Court seeking orders to cross-examine Supreme Court Judge Njoki Ndung’u on her petitions.

Through lawyer Charles Kanjama, JSC appeared before Judge Chacha Mwita and expressed its intention to cross-examine the judge on her petition and sworn affidavits filed in court.

Mr Kanjama said if allowed, the cross-examination will focus on paragraph 18 of the petition on the alleged discussion by the Supreme Court judges during conferencing on September 22, 2015.

SUPREME COURT JUDGES

“We shall also focus on paragraphs 19 and 20 of the petition on the letter dated September 24, 2015 and paragraphs 20 of the petition on the minutes of the meeting of the Supreme Court judges held on October 6, 2015,” said Kanjama.

Paragraph 18 indicates that the Supreme Court judges congregated and deliberated on the letter from the JSC at a conference sitting on September 22, 2015 and they collectively decided on a concise response to critical issues.

“Some of the critical things are the independence of judges, the illegality of JSC to attempt to suspend a judge from his or her judicial work, illegality of JSC to interfere with day-to-day work of judicial work, among others,” said Kanjama.

Paragraphs 19 indicates that that Supreme Court response to the JSC was drawn on a letterhead and signed by three judges and dated September 24, 2015.

It also indicted that the signing mandate on the correspondence was deliberately decided because JSC directly impacted two judges (Justices Philip Tunoi and Kalpana Rawal) and that two other judges of the Supreme Court were sitting members of the JSC (Chief Justice Willy Mutunga and Justice Smokin Wanjala).

On June 7 last year, the High Court ruled that Justice Ndung'u should be investigated over gross misconduct.

This was after Justice Joseph Onguto declined to issue an order barring the (JSC) from investigating her pending the hearing and determination of a case she had filed against the JSC.

Former Law Society of Kenya Chief Executive Officer Apollo Mboya had filed a second petition against the judge alleging gross misconduct after she suspended the Court of Appeal’s verdict concerning the retirement age of Justice Rawal and the then suspended Justice Tunoi.

FAIR HEARING

Justice Ndung’u had moved to the court claiming she could not get a fair hearing since in an initial petition filed by Mr Mboya, she was not afforded a fair hearing.

Justice Onguto had ruled that the court cannot temporarily stop the JSC from holding any proceedings against her.

The case will be mentioned on October 9 for further directions.