Former Law Society of Kenya Chair Apollo Mboya has filed a petition seeking dismissal of Justice Njoki Ndung’u on grounds of gross misconduct. He cited Ndungu’s attitude towards dissenting judges and disregard for the law as the main reasons why she is unfit to be a judge of the highest court of the land.
In his petition, Mboya cites that Ndungu’s 440-page judgment showed she lacked courtesy and civility towards fellow judges and the constitution. He also cast doubt into her “ability to maintain composure under stress…to control anger and maintain calmness and order.”
He further noted that Justice Ndung’u blatantly disregarded forms IEBC had provided for scrutiny and instead based her judgment on material that was not provided to the court. He supported his argument noting that in her summary ruling, Ndung’u made no mention of having scrutinized the forms she claimed her colleagues did not go through.
In her ruling, Njoki noted that her colleagues had not gone through the forms provided to the court, which she found to be legitimate. However, both lay and legal experts noted that it was not humanly possible for her to have gone through all forms, which included 40883 forms 34A and 291 forms 34B, in such a short time.
Justice Ndung’u also said that the supreme court had set the bar too high for a presidential election petition. She opined that lower courts should depart from the Supreme Court’s precedent.
Justice Njoki is one of the two Supreme Court judges who dissented from the majority ruling, the other being Justice Jackton Ojwang. Four of six judges ruled that the 8th August presidential polls were marred with gross electoral malpractices and ought to be conducted afresh.