The Judicial Service Commission (JSC) has received a petition seeking the removal of four Supreme Court judges alleged to have violated the Constitution during the Wajir gubernatorial petition.
A statement from the JSC said the petition implicates Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
“The petition was considered and the Commission directed that the same be served upon the named judges. They were given 14 days to respond to the issues raised therein,” it said.
The Supreme Court judges are also accused of gross misconduct as well as breach of the Judicial Code of Conduct and Ethics and Oath of Office.
Removing a judge from office involves setting up a tribunal to investigate the allegations as was the process when Deputy CJ Nancy Baraza was found guilty of misconduct.
After investigations, the tribunal then recommends whether the judge should retain their seat or be removed.
In 2012, DCJ Baraza tried to fight the unanimous decision by lodging a complaint at the Supreme Court but later resigned in October citing lack of confidence in the five-judge bench.
In the statement on Wednesday, the JSC noted that they have also received complaints about nine magistrates and five of them were found guilty of gross misconduct.
“The accusations against the magistrates ranged from issuing mandatory ex-parte orders leading to demolition of property; having huge unexplained monies deposited into their personal bank accounts; running personal businesses that result in conflict of interest and bring disrepute to the Judiciary; assigning themselves matters before other courts; overturning High Court orders; altering proceedings; unlawfully releasing accused persons in custody and releasing accused persons without approval of sureties,” the statement reads.
Similarly, three judicial staff have been removed from office for absenteeism and unduly influencing tendering processes.