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JSC to cross-examine Supreme Court Justice Njoki Ndung’u on petitions

The Judicial Service Commission (which comprises of CJ David Maraga,AG Githu Muigai and 10 other members) has filed an application on Thursday,21st September) at the High Court seeking orders to cross-examine Supreme Court Judge Njoki Ndung’u on her petitions.

Through lawyer Charles Kanjama, JSC appeared before Judge Chacha Mwita and conveyed a plea to cross-examine Njoki on her petition and sworn affidavits filed in court.

Mr Kanjama assured if consented, the grilling will focus on paragraph 18 of the petition on the alleged discussion by the Supreme Court judges during a meeting held on September 22, 2015.

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Paragraphs 19 of the petition shows that the Supreme Court response to the JSC was drawn on a letterhead and signed by three judges and dated September 24, 2015.

The High Court ruled on June 7 last year that Justice Ndung’u should be probed over gross misconduct.

This was after Justice Joseph Onguto declined to issue an order blocking the JSC from cross-examining her pending the hearing and determination of a case she had filed against the JSC.

Former Law Society of Kenya(LSK)CEO Apollo Mboya had filed a second petition against her claiming gross misconduct after she suspended the Court of Appeal’s verdict concerning the retirement age of the then suspended Justice Tunoi and Justice Rawal

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Judge Njoki had moved to the court claiming she could not get a fair hearing since in an initial petition filed by Mr Mboya, she was not accorded a fair hearing.

Judge Onguto had ruled that the court cannot temporarily stop the JSC from holding any proceedings against her.

The case will be revisited on October 9 for further directions.


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