Law Society of Kenya Chief Executive Apollo Mboya has petitioned the Judicial Service Commission (JSC) to remove from office Supreme Court justices Njoki Ndung’u, Jackton Boma Ojwang’ and Mohammed Ibrahim who recently suspended presiding supreme court matters ‘in solidarity’ with their colleagues who’ve been directed to retire after attaining 70 years.
Justice Tunoi has attained the age of retirement while Justice Rawal is months away. BothÂ Justice Tunoi and Justice Kaplana Rawal, who is the Deputy Chief Justice, have gone to court to challenge the order of the Judicial Service Commission -their employer – to retire them.
The petition by Apollo Mboya wants the JSC to remove the three justices for ‘gross misconduct and misbehaviour’ as they have breached several articles of the constitution. Mr. Mboya lists twenty-five grounds for removal of the three justices.
The petition claims, among other things, that the action of the three judges sets a bad and dangerous precedent to the other subordinate courts whose members are likely to adopt similar actions to the detriment of litigants.
“Even if the Hon. Justice Mohammed Ibrahim, Honourable Justice Jackton B. Ojwang and Hon. Justice Njoki Susanna Ndung’u Â were to resume duty, they have irreparably and grossly misconducted themselves and cannot continue serving in the position of judges of the supreme court.”
The petition also alleges that the actions of three justices -unheard of civilised judicial systems – can plunge the country into anarchy if employed during critical constitutional periods.
Mr. Mboya cites Article 168 of the constitution which allows the removal of a judge of a superior court on the ground of gross misconduct and misbehaviour, incompetence and a breach of code of conduct prescribed for judges of the superior court by an Act of Parliament.