Lady Justice Njoki Ndung'u of the Supreme Court was on Monday morning scheduled to appear at the Supreme court as a prime witness in a suit against the Judicial Service Commission (JSC).
The judge was expected to testify in a case where some members of the highest court in the land jointly wrote a letter to the commission in 2016.
Former Chief Justice Willy Mutunga had claimed that the letter written to JSC was not deliberated by the judges.
Justice Ndung'u, however, maintained that they collectively decided to respond to JSC which had instructed Justice Philip Tunoi to stop sitting pending the determination of a court case challenging the retirement age of judges.
[caption caption="File image of Justice Njoki Ndung'u"]
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Justice Ndung'u had further been accused of neglecting her duties at the court soon after the letter was written.
The judge is now seeking to have the High Court dismiss the petition and declare a letter written by the JSC reprimanding her as illegal.
Lawyer Charles Kanjama secured the orders that summoned the Justice Ndung'u before Judge Chacha Mwita despite her objections on the matter.
"We shall also focus on paragraphs 19 and 20 of the petition on the letter dated September 24, 2015, and paragraphs 20 of the petition on the minutes of the meeting of the Supreme Court judges held on October 6, 2015.
"Some of the critical things are the independence of judges, the illegality of JSC to attempt to suspend a judge from his or her judicial work, the illegality of JSC to interfere with day-to-day work of judicial work, among others," he argued.
The initial petition was filed by lawyer Apollo Mboya.
[caption caption="Lawyer Apollo Mboya"]
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