The Chairperson of the Women in Business Committee Mary Nyachae has petitioned JSC for the removal of Justice Msagha Mbogholi over gross misconduct.
Nyachae wants the judge removed for giving varying orders in a case that had other orders at the Magistrates court.
Last week, Nyachae got orders from Senior Resident Magistrate M. Murage stopping the intended elections to replace her but on Friday morning Judge Mbogholi set aside the orders and allowed KNCCI president Richard Ngatia to conduct the elections last week Friday
Through Lawyer Danstan Omari the embattled chairperson says the way the judge handled the case was suspect.
"It is suspect how the Learned Justice entertained an application filed past noon and proceeded to grant very disturbing orders that are contemptuous to the judicial authority granted to the Honourable Magistrate by the Constitution,2010" the petition reads in part.
She accuses the judge of being incompetent and breaching the judicial Code of Conduct.
"The conduct of the Learned Judge do not only bespeak of grave incompetence but is also suspicious and suspect of ill will, shrewdness and high handedness from the said justice who understandably lacked legal authority to direct as he did,"
According to Nyachae, Mbogholi did not give her audience even though she already had orders from a different court this rendering her case meaningless.
She argues that the actions by judge Mbogholi cannot be explained away as judicial fallibility or mistakes.
"He has extensive knowledge, experience and wisdom as a judge who took his oath of office in the year 1987 at a young age of 34 years old,"
Nyachae and KNCCI are embroiled in a tussle over the position of Chairperson at WIB.
Nyachae insists that she is the chair and her term is not over while Richard Ngatia the President KNCCI called for fresh elections that were conducted on Friday last week after Judge Mbogholi's order.
