Four Supreme Court judges are facing ouster threats following allegations that they violated the Constitution during the Wajir gubernatorial petition, that was ruled on last month.
The statement issued by the Judicial Service Commission (JSC) noted that Justices Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u are being implicated.
The JSC noted: “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 commission also accused the judges of gross misconduct as well as breach of the Judicial Code of Conduct and Ethics and Oath of Office.
According to the required procedure, removal of a judge from office involves setting up a tribunal to investigate the allegations as was the case when former Deputy Chief Justice Nancy Baraza was found guilty of misconduct.
In the statement issued on Wednesday morning, the JSC affirmed that they have also received complaints about nine magistrates and five of them were eventually found guilty.
“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; running personal businesses that result in conflict of interest and bring 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,” the statement read.
On Tuesday, the Supreme court upheld a ruling that affirmed the removal of former High Court judge Joseph Mutava from the judiciary.
The ruling was delivered by Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Jackton Ojwang’, Isaac Lenaola and Njoki Ndung’u.
The former judge had appealed a ruling made by the tribunal seeking reinstatement after it found him unfit to serve as a judicial officer.