Supreme Court Judge,Justice Njoki Susanna Ndungu who will face a special committee appointed by JSC to investigate her alleged misconduct.
BY SAM ALFAN.
Judicial Service Commission (JSC) has asked the high court to surrender a disciplinary case it is handling concerning a judge of the Supreme Court.
The judicial commission also wants the lower court to consent to Supreme Court Judge Njoki Ndungu facing a special committee appointed by JSC to investigate her alleged misconduct.
In a response to Judge Ndungu’s petition contesting the mandate of the committee formed to investigate her, Chief Registrar Ann Amadi affirmed the panel composition saying it is competent and will determine whether an allegation of judicial misconduct is merited or unmerited.
CRJ also held that the constitutional responsibility for determining the merits of any claim of judicial misconduct of a judge lies with the JSC and not with the court.
“The petitioner is wrong in attempting to shift the locus for determination of the merits of the particular misconduct claims, since the constitution provides that merits of any claim be determined by a tribunal to be appointed by the President with right of appeal to the Supreme Court,” she states.
Ms Amadi says that JSC intends to give the judge an opportunity to be heard in the event that alleged claims may give rise to a recommendation for the appointment of a tribunal to investigate claims of misconduct.
“The court should decline to consider substantive matters touching on the confidential minutes since this would require the court to invite the various judges of the Supreme Court to give evidence before the High Court and be cross-examined on judicial deliberations,” she states.
Justice Ndungu is aggrieved following the decision to probe her conduct over the manner in which she handled an election petition filed by Kanu Secretary General Nick Salat in which she deliberated on the retirement age of judges.
The committee was set up on February 29, 2016 following a complaint by former LSK Chief Executive Officer Lawyer Apollo Mboya.
Hearing resumes on July 11 before Judge Joseph Onguto.
