The high court of Kenya has declined to issue an order barring the Judicial Service Commission (JSC) from investigating Supreme Court Judge Njoki Ndung’u pending the hearing and determination of a case she had filed against the JSC Commission.
According to Judge Joseph Ong’uto, judge Njoki Ndung’u should be investigated over gross misconduct saying that the issuing an order against her investigation would be against the Constitution.
Judge Ong’uto has however asked the JSC Commission to ensure that judge Njoki Ndung’u gets a fair trial.
This is after Njoki moved to court claiming that she will not get a fair hearing claiming that in an initial petition filed by Former LSK CEO Apollo Mboya, she was not afforded a fair hearing.
The decision has been made after Former LSK CEO Apollo Mboya moved to court to file a second petition on gross misconduct against the judge.
Njoki Ndung’u had suspended the Court of Appeal's verdict in regard to the retirement age of Deputy Chief Justice Kalpana Rawal and Judge Phillip Tunoi.