Petition against judge Njoki Ndung’u withdrawn



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A petition against Supreme Court judge Njoki Ndung’u has been withdrawn, Chief Justice David Maraga said Thursday.

Last night, a divided Judicial Service Commission (JSC) sat into the night as it negotiated the fate of judge Ndung’u and two other high ranking members of the Judiciary accused of impropriety.

The JSC was to decide Justice Ndung’u’s fate after she failed to appear to respond to claims against her.

Justice Ndung’u failed to appear before the commission saying the complainant — lawyer Apollo Mboya — had dropped the accusations against her.

Through her lawyer Andrew Musangi, Justice Ndung’u said a complaint filed against her had been dropped by the complainant and in their view, there was no need of appearing before a committee of the commission as had been directed.

Mr Mboya had filed two complaints against the Supreme Court judge.

In one of the complaints, the lawyer accused Justice Ndung’u and other judges of the top court of “boycotting” work in 2015 protesting the move by the JSC to retire Justice Philip Tunoi after he attained the mandatory age of 70 years.

But in the matter, the JSC reprimanded her, a decision both she and Mr Mboya were not happy with as both filed petitions before the High Court.

She, on her part, accused the JSC of “acting in concert with” Mr Mboya to orchestrate the proceedings against her, whereas Mr Mboya said JSC should have recommended the formation of a tribunal to investigate the judge.


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