The looming crisis at Judiciary intensified Monday after former LSK CEO Apollo Mboya filed a
fresh petition to have Judge Njoki Ndung'u sacked.
Mboya has petitioned Judicial Service Commission to have Ndung'u removed as a Supreme Court judge following her Friday controversial order, which temporarily halted the retirement of Deputy Chief Justice Kalpana Rawal. Rawal clocked 70 years in January 2016 but she wants to continue serving until 74, as per the former constitution.
More:
Mboya says Ndung'u engaged in misconduct by issuing the ruling yet there was a clear conflict of interest in matter. He says Ndung'u
and two other judges of the Supreme Court had already pronounced themselves on the matter of retirement age of judges.
On Friday, a bench of seven judges of the Court of Appeal declared that judges should retire at 70 as per the constitution. They said Rawal and judge Philip Tunoi should vacate office.
JSC is also planning file an application seeking to set aside Ndung'u order this afternoon.
Chief Justice Willy Mutunga said in a statement after going through Ndungu's order, he had directed the hearing be brought forward.
"The Registrar of the Supreme Court serves the parties to appear for the hearing of this application inter-parties before a 5-bench of the Supreme Court on Thursday, June 2, 2016," said Mutunga.
He also asked the Supreme Court Registrar Esther Nyaiyaki to notify the parties to appear before Justices Ndung'u and Smokin Wanjala, for directions on the hearing of the matter, on Tuesday.
Also read: