A Kenyan citizen has filed a petition with the Judicial Service Commission demanding the removal of four Supreme Court judges—Hon. Mohamed K. Ibrahim, Hon. J.B. Ojwang, Hon. Smokin Wanjala, and Hon. Njoki S. Ndung’u—over allegations of corruption, judicial misconduct, and breaches of the Judicial Code of Conduct. The petition centers on their roles in the 2018 election petition (Petition 7/2018), which involved the disputed gubernatorial victory of Mohamed Abdi Mahamud in Wajir County.
Alleged Judicial Misconduct ¶
The petition claims the judges’ 2019 ruling in Petition 7/2018 demonstrated gross intellectual dishonesty, judicial overreach, and a disregard for constitutional principles. It alleges the court improperly dismissed evidence of electoral irregularities and allowed the Appellant to retain office despite findings that his academic qualifications were insufficient to contest the election. Key allegations include denying the respondents the right to cross-examine witnesses, allowing unreviewed evidence, and avoiding rulings on constitutional violations identified by the High Court.
Corruption and Improper Communication ¶
The petition accuses the judges of engaging in corrupt practices, including receiving bribes through intermediaries, such as a reported 75 million shilling transaction at JKIA in September 2018. It also cites improper communication with political figures linked to the Appellant, including Hon. Adan Keynan and Hon. Mohamed Elmi, and claims court decisions were leaked before official announcements. Additional allegations involve a land sale transaction generating 300 million shillings for bribes and attempts to tamper with phone records at Safaricom to conceal communications.
Constitutional and Ethical Violations ¶
The petition asserts the judges violated multiple constitutional provisions, including Articles 10(1)(a)-(b) and 159(1) of the 2010 Constitution, as well as clauses 4(2), 4(3), and 5(1) of the Judicial Code of Conduct. It references prior disciplinary actions, including a 2015 admonishment for imposing a judicial moratorium. The petition calls for the Judicial Service Commission to investigate the judges’ conduct, establish a tribunal, and examine financial transactions and communications.
Legal and Historical Context ¶
The petition references the 2010 Constitution, the 2011 Judicial Service Act, and Legal Notice No. 132/2016 governing the Judicial Code of Conduct. It highlights the 2017 election, the 2018 appeals process, and the 2019 Supreme Court ruling. The petition also notes the judges’ extensive legal backgrounds, including Hon. Smokin Wanjala’s 2000 PhD on corruption in Kenya and Hon. Njoki S. Ndung’u’s role in drafting the 2006 Sexual Offences Act and 2007 Employment Act amendments.
