Former Law Society of Kenya CEO Apollo Mboya has filed a petition seeking Supreme Court judge Njoki Ndung’u removal for “gross misconduct and misbehaviour.”
In the petition to the Judicial Service Commission (JSC) filed on Friday, bases his arguments on the full judgment Justice Ndung’u delivered on September 20, where she listed reasons for dissenting with the majority decision of four judges.
The advocate believes her 440-page judgement revealed that she exhibited “lack of courtesy and civility towards the law and other judges”. He lists five paragraphs from her verdict to buttress that statement.
The lawyer also singles out a statement in Justice Ndung’u’s decision that seeks to direct lower courts to disobey the majority decision.
“By dint of Article 163(7) of the Constitution of Kenya, the decision of the Supreme Court of Kenya is binding on the lower courts but Justice Njoki Ndung’u in paragraph 697 A of her dissent judgment disregarded the provision by directing the lower courts to disregard the decision of the Supreme Court,” he states.
Mr Mboya says Justice Ndun’gu lacks judicial temperament, professional competence and that she does not possess integrity, propriety, has no regard for equality and is incompetent.
He also questions her “substantive and procedural knowledge of the law, her “ability to maintain composure under stress” and her “ability to control anger and maintain calmness and order”.
“Hon Justice Njoki Ndung’u dishonestly ignored the forms tendered by the Independent Electoral and Boundaries Commission for scrutiny and based her dissenting judgment on forms and material that were not tendered for scrutiny.
