Four of Kenya’s top seven judges could be forced to defend themselves over damaging allegations of corruption filed against them at the Judicial Service Commission (JSC).
Through the law firm of Nchogu, Omwanza & Nyasimi Advocates, the losing petitioners in the Wajir gubernatorial election petition — former governor Ahmed Abdullahi and Ahmed Muhumed Abdi — have asked JSC to initiate investigations into the conduct of Supreme Court judges Jackton Ojwang’, Mohamed Ibrahim, Smokin Wanjala and Njoki Ndung’u, with a view to removing them from office for reported gross misconduct — if found culpable, as reported by Nation.
The petition was filed on Friday evening after weeks of swirling accusations. On Saturday, it was not clear if the judges had been served with the petition but the filing is just the first step in the process and JSC will have to decide whether the allegations have any substance before giving the judges the chance to respond.
If deemed serious enough, a recommendation will be made to the President to form a tribunal that will test the evidence presented before coming up with a decision on whether or not a judge in questions should be removed. This means that despite the JSC receiving the petition on Friday, the detailed accusations will have to be scrutinised first.
The four judges the petitioners want removed formed the majority that upheld the election of Wajir governor Mohamed Abdi. Chief Justice David Maraga and Justice Isaac Lenaola returned separate dissenting judgments. Deputy Chief Justice Philomena Mwilu did not participate in the election petition.
Two of the four judges are specifically being accused of engaging in improper contacts with agents of the governor with the intention of receiving bribes in tens of millions of shillings to influence the outcome of the appeal by the Wajir County chief whose election had earlier been nullified by the High Court and the ruling upheld by the Court of Appeal.