Lawyer
Apollo Mboya
has filed a petition against
Lady Justice
Njoki Ndung'u seeking her removal over gross misconduct.
This came days after the Supreme Court nullified President Uhuru Kenyatta's win during the August 8 general election.
Ndung'u and Justice Jackton Ojwang' differed with the majority ruling and read their dissent.
They accused their four colleagues, who voted to overturn the election, of misinterpreting the law.
The dissenting judges further said the four did not pay attention to the evidence and judicial limits.
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But Mboya, in an affidavit accompanying the petition sent to the JSC, said Ndung'u should be removed from office for breach
of her oath of office.
"Initiate the necessary procedures for the removal of the lady
justice for misbehaviour incompatible
with the status of a judge
of a Supreme Court."
He said it was not humanly possible for the judge to examine all the disputed forms from August 28 to September 1, being the date of the judgement.
In paragraph
662 of her dissenting judgement, Ndung'u
said the the majority did not personally examine the original forms deposited at the registry.
The judge said that in the interest of justice, she examined each of the forms that had been disputed.
"In her summary she did not allude to the fact that she examined and verified each forms before arriving at the dissent," Mboya said.
He adds that the judge dishonestly ignored the forms tendered by IEBC for scrutiny
and based he dissent on forms and materials that were not tendered for scrutiny.
"The lady justice, in her dissent, exhibited total lack of courtesy
and civility towards her fellow judges."
"..and bad judicial temperament in her general attitude towards the law and other judges as contained in her dissent judgment," he said.
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Noting that Supreme Court decision is binding on lower courts, Mboya said
Ndung'u disregarded
this and directed the lower courts to disregard the decision of the supreme court.
In her dissent, Ndungu said: "However in the meantime, lower courts are not
without an option. The decision by the majority is one given in a presidential election and which does not usurp the jurisdiction
of the lower courts in electoral disputes."
On this, the petitioner says the lady justice has exhibited lack of professional
competence and has also refused as well as ignored to exhibit the value of equality.
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This is the third petition to be filed against Supreme Court judges in the wake of its decision which has staged a fresh vote on October 26.
The first petition was filed by Nyeri Town MP Ngunjiri Wambugu challenging the suitability of Chief Justice David Maraga.
The other was that against Deputy Chief Justice Philomena Mwilu and Judge Isaac Lenaola which challenges their integrity.
This was filed by on grounds that the judges are linked to the National Super Alliance leaders.
The fresh election has divided
Kenya, with many opposition supporters celebrating it while the president and some members of the ruling party criticising it harshly.
The apex court said there were irregularities in tallying results of last month's poll.
CJ Maraga said threats against judicial staff had risen since the ruling.
"Since the Supreme Court delivered judgment ... these threats have become more aggressive," Maraga said in a past press conference.