The Judicial Service Commission (JSC) has dismissed allegations filed against Supreme Court judges led by Chief Justice David Maraga over their conduct during the August 8, 2017, presidential petition.
A JSC session chaired by Commissioner Tom Ojienda concluded that the cases lacked merit after going through all the tabled allegations.
"The commission considered the allegations based on the 2017 presidential polls a pure threat that was intended to intimidate the judges. The charges were thrown out because they were malicious and were not supported by any facts," a source revealed to Standard.
The JSC based the judgement on the Supreme Court Act 20(4) which stipulates that the commission may in exceptional circumstances or on an application by any party or on its own motion review any of its decision.
[caption caption="Supreme Court Judges"]
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CJ Maraga who is also the JSC Chairman was facing a complaint from Nyeri Town MP Ngunjiri Wambugu who accused him of gross misconduct highlighting that the Judiciary had been captured by external forces opposed to the Jubilee regime.
Ngunjiri also faulted the CJ on the Judiciary's decision to skip the state opening of the 12th Parliament.
Deputy CJ Philomena Mwilu and Justice Isaac Lenaola's were put on the spot by Derrick Ngumu over allegations that they had links with National Super Alliance (NASA) ahead of the Supreme Court ruling.
Nonetheless, the commission formed a special committee comprising of; the President of Appeal Court, Kihara Kariuki, and Justices Erastus Githinji, Martha Koome and Fatuma Sichale to investigate the cases.
In the allegation, lawyer Apollo Mboya is accusing the Judges of forming a bench to sit on October 25, a public holiday, and that Maraga did not authorize the sitting.
[caption caption="CJ Maraga, President Kenyatta and DCJ Philomena Mwilu"]
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A special committee was also formed to investigate Supreme Court judge Jackton Boma Ojwang over claims that Migori Governor Okoth Obado tarmacked a private road leading to the judge's village, while he sat on a Supreme Court bench hearing an election petition against Obado.
