Chief Justice David Maraga has dismissed media reports which claimed that the Judicial Service Commission was divided on how to handle Justice Njoki Ndung'u predicaments.
Justice Ndung'u had refused to appear before JSC to defend herself against a gross misconduct petition, a reason why JSC is said to have extended its sittings on Wednesday until 9pm to deliberate on the matter.
However, on Thursday, Maraga, who chairs the JSC, said Ndung'u's case did not consume much time for the commission since the petitioner, Apollo Mboya, had withdrawn the case against her.
“I want to say that what I saw in the media today is surprising. It is as if we were deliberating Justice Njoki’s case only. It was the least deliberated case,” the Chief Justice said.
Ndung'u's survival on Thursday is a big relief for the Supreme Court since her subjection to a tribunal would have caused a quorum hitch at the Apex court.
Already, Justice Jackton Ojwang' is being probed over gross misconduct and abuse of office. Deputy Chief Justice Philomena Mwilu cannot sit in the bench because she's facing a criminal case. For a bench to be fully constituted, a minimum of five judges is required.
The commission recommended that President Uhuru Kenyatta forms tribunals against three judges - Justices David Marete, Lucy Waithaka and Martin Muya - for misconduct.
Marete, an Employment and Labour Relations Court judge, is said to have overturned an order given by another judge of the same court.
“After hearing the matter, the commission found the petition had disclosed gross misconduct, bias, impartiality and breach of the Constitution and judicial code of conduct against the judge,” said Justice Maraga.