A petition to remove four Supreme Court judges over what has been described as violation of the Constitution has been tabled before the Judicial Service Commission (JSC).
Petitioner Jared Ongeri had filed a complaint against Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.
Ongeri complained of gross misconduct, breach of the Judicial Code of Conduct and Ethics and Oath of Office, arising from the recently concluded Wajir gubernatorial election petition. In a statement, JSC said the petition has since been formally tabled.
“The petition was considered and the commission directed that the same be served upon the named judges. They were given 14 days to respond to the issues raised therein,” the JSC stated. The commission is pursuing various matters of discipline against judges of superior courts arising from public complaints.
As at January, the commission said it was seized of 69 complaints against other judges of the superior courts. The complaints were considered and 13 admitted to hearing.
The hearings commenced yesterday, while 18 other petitions are at an advanced stage of consideration. The Commission said it found no merit with the rest of the petitions. On other disciplinary issues, the JSC said it has heard and determined nine cases against magistrates.
Five out of those were found to have grossly misconducted themselves contrary to the provisions of the relevant code of conduct and were accordingly dismissed.
The accusations against the magistrates ranged from issuing mandatory ex-parte orders leading to demolition of property, having huge unexplained monies deposited into their personal bank accounts and running personal businesses that result in conflict of interest.
They have also been accused of bringing disrepute to the Judiciary, assigning themselves matters before other courts, overturning High Court orders, altering proceedings, unlawfully releasing accused persons in custody and releasing accused persons without approval of sureties.
Article 168 states that a judge of a superior court may be removed from office only on grounds of inability to perform the functions of office arising from mental or physical incapacity, a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament, bankruptcy, incompetence or gross misconduct or misbehaviour.
The removal of a judge may be initiated only by JSC acting on its own motion, or on the petition of any person to the commission.