Supreme Court Judge Njoki Ndung’u has filed a case challenging petitions submitted to the Judicial Service Commission (JSC) against her by former Cabinet Secretary Raphael Tuju and lawyer Nelson Havi.
Justice Njoki is seeking a court order to halt the JSC proceedings until her case is heard and determined. She wants the court to issue interim orders suspending the hearings, arguing that the process is unconstitutional and an overreach into judicial decision-making.
Through her lawyer, Andrew Musangi, Justice Njoki contends that the JSC lacks the jurisdiction to hear and determine the petitions against her and six other Supreme Court judges, including Chief Justice Martha Koome.
“The petitioner, a sitting Supreme Court Judge, has been subjected to unconstitutional disciplinary proceedings before the JSC, based solely on judicial decisions rendered within the scope of her official duties,” court documents state.
Tuju, through Dari Ltd, and Havi are seeking the removal of the entire Supreme Court bench, alleging misconduct and incompetence.
According to court filings, Justice Njoki argues that the JSC’s proceedings violate constitutional safeguards on judicial independence, citing Article 160, which protects judges from external influence.
She further asserts that the petitions before the JSC involve matters that are either pending in court or have already been resolved, making them procedurally flawed.
Justice Njoki warns that allowing the JSC to proceed with the petitions could set a dangerous precedent, enabling vexatious litigants to misuse the commission as a tool to intimidate judges.
She insists that the JSC lacks the authority to reassess or overturn judicial rulings made within a judge’s lawful mandate. Instead, she emphasizes that the commission’s role is strictly confined to investigating allegations of misconduct, incapacity, or incompetence, as prescribed by law.
