Two voters have filed a petition at JSC for the removal of Supreme Court judges Jackton Ojwang and Njoki Ndung’u on gross misconduct allegations.
Francis Sakwa and Zacheus Okoth Oliech filed their petition on Monday.
They say the judges should be removed because of their actions.
The voters say
justice Ojwang's wife became a Principal Secretary immediately after the 2013 Supreme Court presidential election petition.
Before that, Jubilee Party
had given her a direct ticket to to vie for Migori woman representative.
During his interview in September 2016, Ojwang was
asked if his wife was given the job as an incentive for him sitting on the petition. He denied the allegations.
The petitioners say Ndung'u''s judgement was written by someone else and that "it is a political manifesto of Jubilee" which has been used to unjustifiably amend the law.
Ojwang and Ndung'u disagreed with the majority determination that the August 8 presidential election did not adhere to the constitution and election laws.
Ndung'u said most judges based their petition ruling on Article 83 of the Elections Act which ignored the sovereignty of the people.
She said as much as the judges critically looked at provisions of Articles 81 and 86 of the constitution, they did not consider those of Articles 82 and 83 which are fundamental to an election process.
Ojwang said he dissented the annulment of the election as the respondents did not contravene any provisions of the constitution or any other statutes.
Lawyer Apollo Mboya has also filed a petition against the Lady Justice, seeking her removal over gross misconduct.
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.
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