Members of the Judicial Service Commission led by the Chief Justice
David Maraga addressing the media at outside the Supreme Court on May 9,
2019. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
A petition against Supreme Court judge Njoki Ndung’u has been withdrawn, Chief Justice David Maraga said Thursday.
Last
night, a divided Judicial Service Commission (JSC) sat into the night
as it negotiated the fate of judge Ndung'u and two other high ranking
members of the Judiciary accused of impropriety.
The JSC was to decide Justice Ndung’u’s fate after she failed to appear to respond to claims against her.
Justice
Ndung’u failed to appear before the commission saying the complainant —
lawyer Apollo Mboya — had dropped the accusations against her.
Through
her lawyer Andrew Musangi, Justice Ndung’u said a complaint filed
against her had been dropped by the complainant and in their view, there
was no need of appearing before a committee of the commission as had
been directed.
Mr Mboya had filed two complaints against the Supreme Court judge.
In one of the complaints, the lawyer accused Justice Ndung’u and
other judges of the top court of “boycotting” work in 2015 protesting
the move by the JSC to retire Justice Philip Tunoi after he attained the
mandatory age of 70 years.
But in the matter, the JSC
reprimanded her, a decision both she and Mr Mboya were not happy with
as both filed petitions before the High Court.
She, on
her part, accused the JSC of “acting in concert with” Mr Mboya to
orchestrate the proceedings against her, whereas Mr Mboya said JSC
should have recommended the formation of a tribunal to investigate the
judge.
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