NAIROBI, Kenya – Supreme Court Judge Njoki Ndung’u has filed a case at the High Court seeking to block the Judicial Service Commission (JSC) from hearing petitions that could lead to her removal from office.
Through her lawyer Andrew Musangi, Justice Njoki argues that the JSC lacks the jurisdiction to entertain the petitions filed against her and six other Supreme Court judges, including Chief Justice Martha Koome.
She contends that the proceedings infringe on judicial independence and could set a dangerous precedent for interference with court decisions.
The petitions—filed by former Cabinet Secretary Raphael Tuju’s Dari Limited, lawyer Nelson Havi, and advocate Christopher Rosan—call for the removal of the entire Supreme Court bench over alleged misconduct and incompetence.
However, Justice Njoki clarified that she is only challenging the petitions by Tuju and Havi, not Rosan’s.
In her application, she cites Article 160 of the Constitution, which shields judges from external influence, and argues that the JSC is overstepping its mandate.
She also contends that some of the matters raised in the petitions are either pending in court or have already been resolved, making the proceedings procedurally flawed.
“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,” Musangi stated in court documents.
Justice Njoki now wants the High Court to suspend the JSC hearings until her case is determined, warning that allowing the process to proceed could open the door for vexatious litigants to weaponize the JSC against judges.
While acknowledging the Commission’s oversight role, she insists that the JSC does not have the authority to review or overturn court rulings, emphasizing that its mandate is limited to investigating misconduct, incapacity, or incompetence as defined by law.
