Fresh Petition Filed to Remove from Office Supreme Court Justices Njoki Ndung’u and Jacktone Ojwang’

A fresh petition seeking for the removal of Supreme Court judges Njoki Ndung’u and Jacktone Ojwang’ has been filed.

Two voters, Francis M. Sakwa and Zacheus Okoth Oliech wants the two judges ejected from office on grounds of gross misconduct.

Sakwa and Okoth allege that Justice Njoki contravened part II of the Judicial Code of Conduct and Ethics, and that she conducted herself in a manner that undermines the independence of the Judiciary.

“Judge Njoki Ndung’u has at all material times whilst serving as a judge of the Supreme Court openly maintained unprofessional and partial interactions/associations with politicians and political appointees in a manner that does not instill and or enhances independence of the judge,” reads the petition.

They also accuse Justice Ndung’u of consistently having telephone communications with President Uhuru Kenyatta and his Jubilee Party associates during the hearing of Presidential petition filed by opposition leader Raila Odinga.

The also claim that judge had predetermined the decision to throw out the presidential petition of grounds of her links with President Uhuru and her dislike of the petitioners, Raila and Kalonzo Musyoka.

On the other hand, her colleague Justice Ojwang’ is accused by the two of undermining the public trust by his unlawful actions. They say that Ojwang’ failed to recuse himself from hearing the petition, knowing well that he has personal links with President Uhuru.

“The judge and his wife Collette Suda B. Ojwang have received favours from the president which saw the president and his government appoint Colletta as PS immediately after the aforesaid 2013 Supreme Court presidential election petition,” reads the petition.

This is the latest petition to be filed against a Supreme Court judge, with the most recent being that of former Law Society of Kenya chairman, Apollo Mboya, against Justice Ndung’u.

Justices Njoki Ndung’u and Ojwang’ both dissented in the Presidential petition in which four other judges ruled in favor of nullification of the August 8th elections.