This archive report was first published on 14 May 2020.
On May 14, 2020, the Kenyan High Court delivered a landmark ruling that has significant implications for the country's judicial system. In a petition brought by Supreme Court Judge Njoki Ndung'u, the court declared that the Judicial Service Commission (JSC) has no mandate to investigate or discipline judges.
The ruling, delivered by Justice Weldon Korir, was in response to a petition filed by Justice Njoki, who was contesting the JSC's attempt to admonish her over alleged gross misconduct. The misconduct in question related to her participation in an illegal strike in 2015, along with two other judges of the apex court.
Justice Korir established that the JSC has no constitutional mandate to declare a judge guilty of misconduct, and therefore, violated the Constitution by purporting to admonish the three superior court judges. He also ruled that the JSC's action was unlawful and unconstitutional.
Furthermore, the judge declined a request by lawyer Apollo Mboya to direct the JSC to send a petition to the President to appoint a Tribunal to probe the three judges. Justice Korir stated that only a finding of gross misconduct merits the formation of a tribunal by the Head of State upon recommendation by the JSC.
Consequently, the judge quashed a letter dated May 9, 2016, finding Justice Njoki culpable for punishment for 'unbecoming conduct' of a judge of the Supreme Court. The judge also held that the JSC had the power to hear and determine whether the judges had violated their oath of office by going on strike.
