Through her lawyer Andrew Musangi, Ndung’u,Justice Njoki has asked the court to cross-examine former CJ Mutunga in relation to affidavits he swore in support of the JSC’s case which alleged that she and Justice Jackton Ojwang went on a go-slow, deliberately crippling the operations of Supreme Court in 2015.
Last month, the JSC, through lawyer Charles Kanjama, made an application requesting the court to direct Ndung’u to appear in court and be cross-examined on an affidavits she swore.
Njoki’s lawyer said she will be requesting to question the former CJ following affidavits he swore in support of JSC’s case
“It goes without saying that the former CJ should take the witness stand if this court directs that my client be interrogated on the minutes of the Supreme Court over the disputed go-slow,” Musangi said,The Star reports.
It is alleged that the go-slow was to protest the decision of the JSC to retire the then Deputy Chief Justice Kalpana Rawal and Philip Tunoi after having surpassed the minimum age of 70.
Mutunga swore an affidavit in support of lawyer Apollo Mboya’s petition, accusing Ndung’u and her counterpart Ojwang of going on strike, thus crippling the court’s operations for close to two weeks.
In the affidavit, Mutunga denied the decision to go on strike in 2015 was a collective one.
Ndung’u dismissed JSC’s intention to cross-examine her, arguing it’s a sideshow and wants the case to be heard only on merit.