Justice Mohammed Ibrahim, Jackton Ojwang and Njoki Ndung’u, in their response to JSC, say they have never withdrawn their services as judges, contrary to allegations
Three Supreme Court judges, who are being probed by the Judicial Service Commission, have denied allegations they abdicated their duties.
Justices Mohammed Ibrahim, Jackton Ojwang and Njoki Ndung’u, in their response, said they have never withdrawn their services as judges, contrary to the allegations against them by former Law Society of Kenya CEO Apollo Mboya.
The move by the JSC to probe the three arose from a letter by the Supreme Court to the commission on two controversial matters – the retirement age for the judges and an election petition over the Bomet Senate seat.
The court’s letter to the JSC had been prompted by a directive by the commission that suspended judge Philip Tunoi and Deputy Chief Justice Kalpana Rawal stop hearing cases because they had reached the retirement age.
Yet from the court’s point of view, the suspension of the two rendered the bench incomplete because the constitution requires the judges to be seven.
Another factor, which rendered the court unable to hear the two cases, was that two judges – CJ Willy Mutunga and Smokin Wanjala – to which the complaint had been addressed are also members of the JSC.
Consequently, Mboya filed a petition accusing the three judges of going on strike and commenting on the age limit issue, while making a ruling on the Nick Salat election petition.
He sought their removal over alleged gross misconduct.
The judges said the claims of misconduct and alleged abdication of duty are baseless.
They challenged their accuser to say what exact services they withdrew, from whom they withdrew them and particular judicial operation on which they imposed a moratorium.
judges say they
were not given duties that week
The judges have said the intention of their letter to the JSC was to implore the commission to consider its decision on the issue of judges retirement age to avoid paralysing the highest court in Kenya. Ndung’u says the CJ allocates duties, but during the week in question he did not. The judges are being investigated by JSC subcommittee comprising Kipng’etich arap Korir, Winnie Guchu, Prof Margaret Kobia, judges Mohammed Warsame, Aggrey Muchelule and magistrate Emily Ominde.