NAIROBI — Supreme Court Judge Njoki Ndung'u has petitioned the High Court to halt the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of the entire Supreme Court bench over alleged misconduct and incompetence.
The petitions, filed by former Cabinet Secretary Raphael Tuju, lawyer Nelson Havi, and Christopher Rosan, have placed the Supreme Court bench, led by Chief Justice Martha Koome, under scrutiny--a move Justice Ndung'u strongly opposes.
In her petition, Justice Ndung'u is seeking interim orders to suspend the hearings until the matter is heard and determined.
She argues that the process is flawed, unconstitutional, and poses a threat to the independence of Kenya's highest court.
Through her lawyer, Andrew Musangi, the Supreme Court judge is challenging the JSC's jurisdiction over the matter.
"The petitioner, a sitting Supreme Court judge, has [been] subjected to unconstitutional disciplinary proceedings before the JSC, based solely on judicial decisions rendered within the scope of her official duties," Musangi argued.
Contested jurisdiction
Justice Ndung'u contends that the Commission would be overstepping its mandate by proceeding with the petitions.
She asserts that the proceedings violate the constitutional principle of judicial independence, as outlined in Article 160, which affirms that the Judiciary is subject only to the Constitution and the law--not to any other person or authority.
Justice Ndung'u further argues that allowing the JSC hearings to continue would set a dangerous precedent, potentially enabling disgruntled litigants to weaponize the Commission against judges whose rulings they disagree with.
She warns that such a move could severely undermine judicial independence.
While acknowledging the JSC's critical role in ensuring judicial accountability, she maintains that its powers do not extend to reviewing or overturning judicial decisions made within a judge's legal authority.
She insists that the Constitution limits the Commission to investigating claims of misconduct, incapacity, or incompetence.
