Supreme Court Justice Njoki Ndung'u has made an application seeking to have former Chief Justice Willy Mutunga cross-examined in a bid to stop the Judicial Service Commission from probing her over allegations of gross misconduct.
Justice Ndung'u wants Mutunga questioned in relation to affidavits he swore claiming she and Justice Jackton Ojwang' went on a go-slow in 2015, paralyzing the operations of the apex court.
Through her lawyer Andrew Musangi, Ms Ndung'u wants the former CJ questioned on his support of the JSC's case against her.
“It goes without saying that the former CJ should take the witness stand if this court directs that my client be interrogated on the minutes of the Supreme Court over the disputed go-slow,” Musangi stated.
[caption caption="Former Chief Justice Willy Mutunga"]
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Charles Kanjama, acting for the JSC in September, made an application requesting the court to order Ndung'u to appear in court and be cross-examined on her sworn affidavits.
It is claimed that the go-slow was in protest of JSC's decision to retire Deputy Chief Justice Kalpana Rawal and Justice Phillip Tunoi once they attained the retirement age of 70.
In an affidavit, Mutunga stated that the go-slow was not a collective decision of the Supreme Court bench.
He supported lawyer Apollo Mboya's petition by claiming that Ndung'u and Ojwang' crippled the operations of the court for up to two weeks.
Justice Ndung'u has dismissed the case as a sideshow and wants it thrown out, maintaining it lacks merit.
[caption caption="Former Supreme Court judges Kalpana Rawal and Philip Tunoi"]
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Ndung'u and Ojwang delivered dissenting rulings when the Chief Justice David Maraga-led court nullified President Uhuru Kenyatta's win in the August 8th election.
