The High Court is set to give directions on whether Supreme Court judge Njoki Ndung’u will be put on the dock to defend herself on allegations of gross misconduct.
Justice Enoch Chacha Mwita said this Wednesday when the matter came up for hearing. The matter could not proceed because Supreme Court judges were delivering the full judgment of the August 8 presidential election petition.
Justice Mwita said he will give further directions on October 9, on whether Justice Njoki will have to be cross-examined following a request presented by the Judicial Service Commission to the court.
“JSC intends to cross examine Lady Justice Ndung’u on her petition and sworn affidavits filed in court,” said Mr Charles Kanjama for the commission.
Justice Njoki moved to court last year in June while seeking to stop JSC from investigating her over allegations of gross misconduct when she suspended the Court of Appeal’s verdict concerning the retirement age of retired judges Kalpana Rawal and Phillip Tunoi.
Justice Joseph Onguto declined to issue an order stopping JSC from investigating her pending the hearing and determination of the case she filed against it.
She had moved to court since former Law Society of Kenya Chief Executive Apollo Mboya had presented a petition in October 2015 before the JSC seeking the removal from office of judges, Njoki, Jackton Ojwang’ and Mohammed Ibrahim.