JSC clears 3 Supreme Court judges accused of misconduct

Dec, 4th 2020 – The Judicial Service Commission has dismissed a petition against three Supreme Court Judges that sought their removal over claims of bribery and gross misconduct.  The Commission Secretary Anne Amadi says thatthe allegations levelled against Justices Mohamed Ibrahim, Smokin Wanjala and Njoki Ndung’u, were unsubstantiated and lacked evidence. 

Jared Ongeri filed the petition last year accusing the three of gross misconduct and violation of the judicial code of conduct, after they delivered a majority decision in the Wajir Governor Election petition. 

Mr. Ongeri claimed that Justice Wanjala had received sh75 million to influence the outcome of the case that was before the top court at the time. Wanjala however denied the claims and resorted to asking Ongeri present the names of the banks, branches and accounts from where the money was sourced and where it was withdrawn.

He said, “I am equally eager to have the allegations investigated so my name is cleared and my reputation saved.”

Ongeri also claimed that Justice Ibrahim received a bribe but the judge argued saying that he had made the decision in the Wajir case independently and without any influence. Amadi said that even after Ongeri was given the opportunity to prov ethe allegations, he failed to present to the judges the particulars as requested and even present supporting evidence for his petition.

A letter read, “The petition and the judges responses were tabled before the Judicial Service Commission on November 11 this year and upon consideration, the commission noted that Ongeri further declined to proceed for the oral hearing of the petition as scheduled.”

They also noted that the claims required investigations by the Directorate of Criminal Investigations (DCI) and Ethics and Anti-Corruption Commission (EACC)

Justice Ndung’u said that she has written to DCI requesting that she be investigated alongside everyone who has been mentioned or had a link to the petition filed against her at the JSC.

She said, “I have requested the DCI to commence a very urgent investigation of the ‘facts’ alleged by the petitioner and ensure anyone found culpable is immediately arraigned before court on appropriate charges including myself, if such evidence emerges.”

She said, “I have requested the DCI to commence a very urgent investigation of the ‘facts’ alleged by the petitioner and ensure anyone found culpable is immediately arraigned before court on appropriate charges including myself, if such evidence emerges.”

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