Former Law Society of Kenya President Apollo Mboya has filed a petition with Judicial Service Commission seeking removal of Supreme Court Judge Njoki Ndungu.
Mboya in his petition cited Justice Ndungu has breached her oath of office.
“Initiate the necessary procedures for the removal of the lady justice for misbehaviour incompatible with the status of a judge of a Supreme Court,” said he according to the Star.
His petition is premised on Ndungu’s judgment following nullification of August 8 polls.
Justice Ndungu and Justice Jackton Ojwang took a dissenting view in the case while four other Judges ruled in favour of the petitioner, Raila Odinga.
In paragraph 662 of the Judge’s full judgment, Mboya said, she faulted other Judges for failing to scrutinize all the disputed forms.
Further he said, the Judge noted that she personally examined all forms under dispute.
He noted that it was humanly impossible to examine all the forms between August 28 and September 1 when the ruling was issued.
“In her summary she did not allude to the fact that she examined and verified each forms before arriving at the dissent.”
“The lady justice, in her dissent, exhibited total lack of courtesy and civility towards her fellow judges…and bad judicial temperament in her general attitude towards the law and other judges as contained in her dissent judgment,” he cited in his petition.
Leader of Majority in the Senate Kipchumba Murkomen had earlier lambasted Raila Odinga saying he is filing a petition for removal of Justice Ndungu through the former LSK President.
“@RailaOdinga has filed a hopeless petition against Ndungu through @MboyaApollo. How come he ain’t being castigated like @ngunjiriwambugu?” said Mukromen in a tweet.
Mboya’s petition is the third since nullification of August polls.
The first petition was filed by Angaza Empowerment Network, a Mombasa based NGO.
The NGO’s executive director Derrick Ngumu alleged that Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola were in contact part of NASA legal team when the case was ongoing.
The second petition was filed by Nyeri Town MP Ngunjiri Wambugu seeking removal of Chief Justice David Maraga.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News