Supreme Court judges respond to graft claims

Two Supreme Court judges have denied bribery allegations leveled against them in a petition filed before Judicial Service Commission (JSC).

Justice Mohamed Ibrahim and Njoki Ndung’u denied the allegations in separate replies to a petition filed by Jared Ongeri.

In a reply filed yesterday and seen by The Standard, Justice Mohamed said the complainant had not raised specific claims against him. “The fourth respondent (Justice Ibrahim) denies each and every allegation contained in the petition,” stated the reply.

It emerged that the lawyer who had filed the petition against Ibrahim wrote a letter seeking to withdraw a section of the complaint against the judge, which touched on a cabinet secretary.

In the petition, Mr Ongeri had claimed the senior judge was in communication with a cabinet secretary who prevailed on him to switch to the majority’s side a day before the final verdict.

Justice Ibrahim, in his response, said the claim was the only thing the petitioner had against him, and that after the withdrawal, then the petition had to fall.

“The allegations against the fourth respondent, touching on improper communication between the judge and the cabinet secretary, have no factual basis, are unfounded and devoid of any merits as against the fourth respondent,” said Justice Ibrahim.

The judge asserted that there was no monetary influence to make a ruling in favour of Wajir Governor Mohamed Abdi.

“The fourth respondent did not receive any bribe to influence his decision or at all on the appeal before the court and he made the decision on the subject appeal individually, independent of any influence or bribe whatsoever,” Ibrahim stated in his reply.

Justice Ndung'u replied that she was a stranger to the allegations raised against her. According to the judge, the entire complaint and subsequent letters by lawyer Omwanza Ombati were mere speculations and outright falsehoods.

In her response, Ndung'u states that she had written to Director of Criminal Investigations (DCI) asking him to investigate her alongside everyone who had been mentioned or had a link to the petition before the commission.

According to the judge, the petition, as presented to JSC, meant that the judges’ employer was sitting to determine the merits of a court’s decision.

Ndung'u said she did not receive any bribe to make a favourable ruling. She also wants the petitioner to shoulder the costs of her lawyer, and for filing the reply.

JSC had last week given Justices Ibrahim and Ndung'u, as well as Justices Ibrahim, Smokin Wanjala and Jackton Ojwang' 14 days to reply to the petition.