Former Law Society of Kenya Chief Executive Apollo Mboya on Friday filed a petition before the Judicial Service Commission (JSC) seeking the removal of Justice Njoki Ndung'u out of the Supreme Court.
Mr Mboya claims that in her detailed dissent judgement on the presidential petition, Justice Njoki Ndung'u exhibited "total lack of courtesy and civility towards her colleagues on the bench of the Supreme Court."
He also indicated that she expressed bad judicial temperament in her general attitude towards the law and other judges.
Mr Mboya also accused the judge of ignoring the forms by IEBC for scrutiny and based her dissenting opinion on forms and material that was not rendered for scrutiny.
The petitioner pointed out that it was not humanly possible that Ms Ndung'u examined all the disputed forms from the date of hearing on 28th August to the date of summary judgement on 1st September 2017.
"That in her summary dissent judgement, Njoki did not allude to the fact that she examined and verified each of the disputed forms if at all before deciding dissent," part of the petition read.
He further faulted the Judge on her judgement that directed the lower courts to disregard the criteria used by the Apex court in making the milestone decision.
"However in the meantime, lower courts are not without an option...The decision by the majority is one given in a presidential election and which does not usurp the jurisdiction of the lower courts in electoral disputes," she noted
On behalf of LSK, Mr Mboya, therefore, wants the Supreme Court Judge kicked out of office for failing to uphold her oath of office noting that her actions are contrary to the Constitution's view to upholding the dignity and respect for the Judiciary and the Judicial system in Kenya.
"That she engaged in acts that were in complete disregard of the principles of due discharge of the judicial office which requires her to exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary," the petition read.
In her detailed ruling on September 20, Justice Ndung'u disagreed with her colleagues' decision to nullify President Uhuru Kenyatta's win.
She specifically faulted the evidence which informed the majority ruling indicating that the majority failed to use the certified forms filed in court by IEBC to verify the claims made by opposition leader Raila Odinga.
"Where there were omissions, they could not affect the result of the election, and the court had the powers to inspect other materials to verify the integrity of the poll, she stated.
Justice Ndung’u also noted that there was a verifiable paper trail which the court could use to verify the claims, citing various institutions including IEBC, observers, the media, the public and any court hearing petitions.
