Supreme Court judge Njoki Ndung'u should be investigated over gross misconduct, the High Court has ruled Monday.
Justice Joseph Onguto has declined to issue an order barring the Judicial Service Commission (JSC) from investigating her pending the hearing and determination of a case she had filed against JSC.
Former LSK CEO Apollo Mboya had filed a second petition on gross misconduct against the judge after she suspended the Court of Appeal's verdict concerning retirement age of Deputy Chief Justice Kalpana Rawal and Judge Phillip Tunoi.
But she had moved to court claiming that she will not get a fair hearing since in an initial petition filed by Mr Mboya, she was not afforded a fair hearing.
The judge ruled that it cannot temporarily stop JSC from holding any proceedings against her.
He however cautioned that the JSC should accord her a fair hearing even though he feels that the court is obliged to intervene.
The initial petition was that she was part of a bench that issued a ruling that touched on the judges retirement age.
The case will be mentioned on Tuesday for further directions.
This story was first published on Nation