Lawyer Files Removal Petition for Supreme Court Judge Njoki Ndung'u
Lawyer Apollo Mboya has lodged a petition with the Judicial Service Commission seeking the removal of Supreme Court judge Njoki Ndung'u from office citing "gross misconduct and misbehavior."
In a petition filed Friday, the former Law Society of Kenya (LSK) chairman premises his ouster bid on Justice Ndung’u dissenting ruling in the presidential petition filed by opposition leader Raila Odinga.
Mboya argues that in her 440-page judgement, Njoki exhibited “lack of courtesy and civility towards the law and other judges”.
The advocate also picks out a statement in Ndung’u’s ruling that seeks to order lower courts to disobey the majority verdict.
“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.
The lawyer further accuses Njoki of lacking judicial temperament, professional competence and that she lacks integrity, propriety and has no regard for equality and is incompetent.
Mboya also raises questions on Njoki's “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,".
“It was not humanly possible that Justice Njoki Ndung’u examined all the disputed forms from the date of hearing of August 28 to the date of summary judgement on September 1,” adds Mboya.
Mboya wants JSC is to view Justice Ndungu’s recent actions as an addition to a letter the commission had written to her on May 9th, 2016.
He wants the Judges' employer to, therefore, “initiate the necessary procedures for the removal of Justice Ndung’u for breach of the oath of office and for gross misconduct and/or misbehaviour incompatible with the status of a judge of a Supreme Court of Kenya”.
In her detailed ruling read on September 20, Justice Njoki dissented with her colleagues' decision to overturn President Uhuru Kenyatta's victory.
Njoki ruled that her four colleagues disregarded proper documents on the grounds of an exercise whose recommendations were not in tandem with the forms presented by the electoral commission in court.
“The lack of security features or signatures from agents as cited by Nasa, was not by itself a reason to invalidate the election,” she said.
Comments
Lawyer Apollo Mboya that…
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Lawyer Apollo Mboya that whole called Mwilu should have recused herself because she sleeps with Amos Wako.
Why wouldn't you start with…
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Why wouldn't you start with Leonola and Mwilu? You pick on the judge Mugikuyu Njoki who along with Ojwang came to same conclusion. Why not both if you are so objective. Is it tribal or you hate a strong intelligent competent woman? The argument itself is so shady you wonder whether this mboya actually went to law school or used the last name to get by.
that ever like smiling face…
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that ever like smiling face man wako had mpango wa kado issues with bleached, stinkin and daft who cannot even read a written fake ruling...
it like demonizing someone…
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it like demonizing someone who stood by oath of office and wrote the best reasons for not overturning August th Prezo elections won by Uhuru.
Njoki was the one that shud have taken up DCJ post.
This whole problem needless…
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This whole problem needless to say is because the MAJORITY supreme court justices engaged in criminal/repugnant behaviour(by stealing the vote from the electorate).The supreme court should have done the just action of affirming the will of the Kenyan People.Credit should continue to be given to judge NJOKI and judge Ojwang for standing up for the truth and the rights of the ordinary mwananchi. The majority SCOK judges are an embarrassment to the legal profession.
Njoki for CJ. You truly…
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Njoki for CJ. You truly shined the light and distanced your self from the criminal four that was led by Maraga. Uhuru should make all efforts to appoint you as the CJ. Maraga on the other hand is a disgraced man pretending to use the church for cover up. Maraga Please STEP DOWN you are BURE KABISA. NJOKI thanks for taking your oath serious and unlike the criminal four with some not showing up to read their rulings , they should be fired..,
You are right @Abonyo,…
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In reply to Njoki for CJ. You truly… by Abonyo (not verified)
You are right @Abonyo, Maraga is a hypocrite who hide behind SDA Church. He let all the people who killed in 2007/08 free when he was a judge in Nakuru. Alikuwa kifagiyo ya nakuru who sleep with almost all the law student girls who practiced in that area.
Stop attacking Leonola and…
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Stop attacking Leonola and Mwilu their ruling was right on point based on the Evidence adduced at trial which expossed jubilee RIGGING of the election and that justice ndungu was drinking with other jubilee corrupt operatives at the state house on the day of her dessent reading, so safe your self some grieve
Mboya should know that…
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Mboya should know that Justice Njoki Ndungu is a strong intelligent competent woman and she is not a whore like PHILOMENA MBETE MWILU who unfortunately cannot even read her own judgement.
This is like a tribal chess,…
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This is like a tribal chess, where everyone's goal is to lead to victory their tribe of choice. This ain't politics, ain't democracy, ain't about the good or bad, this ain't about the country-this is pure prejudice camouflaged and to be sanitized in legal corridors.
Exactly what is good for the…
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Exactly what is good for the gander is also good for the goose.This woman also needs to step down .She is also the least qualified of all the judges .Even during her nomination to the supreme court many questioned her qualifications and that is experience and academic credentials
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