Petitioner withdraws case against four Supreme Court judges

Says he wants case stopped on grounds of clan harmony; judges upheld Wajir governor's contested election

In Summary

• He filed petition against Justices Mohammed Ibrahim, JB Ojwang, Smoking Wanjala and Njoki Ndungu

• He wanted it to go on record that 'pollution of justice happened at Kenya's highest court'

Supreme Court Justice Njoki Ndung'u. Photo/FILE
Supreme Court Justice Njoki Ndung'u. Photo/FILE

A man seeking the removal of four Supreme Court judges wants the case withdrawn on grounds of clan harmony.

In a letter addressed to the Judicial Service Commission chairperson, the petitioner has asked the commission to withdraw the petition against justices Mohammed Ibrahim, JB Ojwang, Smoking Wanjala and Njoki Ndungu.

Through lawyer Nchogu Omwanza and Nyamisi, the petitioner says “he has reached the painful conclusion to withdraw the same as a result of clan harmony, reconciliation and political dynamics in Wajir county”. 


“We are under instructions from our clients to withdraw the petition dated March 18 against the judges.  But in terms of allegations of corruption against the two judges and incompetence against the four, I stand by them,” the letter reads.

The petitioner had filed against the four after they upheld the Wajir gubernatorial elections contested by former governor Ahmed Abdullahi. Governor Mohamed Abdi lost the first round of the petition after a High Court found that he did not have a university degree and the election was marred with irregularities. 

After losing even at the Court of Appeal, Abdi was allowed to table evidence at the Supreme Court that he held the requisite academic qualifications to contest the governorship.

Going by the letter, it is the petitioner's wish that the record of history reflects that "such gross pollution of justice happened at the highest court of Kenya." 

Edited by R.Wamochie