May 17, 2022

Supreme Court throws out application to bar 3 judges from hearing BBI appeal

CJ Martha Koome

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The Supreme Court has dismissed a petition to remove three judges from hearing the BBI Appeal.
A petitioner Isaac Aluochier wants Justices Njoki Ndungu, Smokin Wanjala and Mohammed Ibrahim to step down from the case.
Aluochier said that he had filed a petition before JSC for their removal and it has taken long before the ruling.
He argues that BBI appeal should be resolved by an impartial bench of judges.
He argues that Ndung’u, Wanjala and Ibrahim are not impartial in the matter before the court.
“I lodged a petition at the JSC in 2016 for the removal of six judges of the Supreme Court led by former Chief Justice Willy Mutunga and Justices Phillip Tunoi, Jacktone Ojwang, Mohammed Ibrahim, Smokin Wanjala and Njoki Ndung’u for breach of code of conduct and gross misbehaviour,” Aluochier said.
He urged the Judicial Service Commission (JSC) to fast-track his petition against the judges, which have been pending since 2016. He added that he was ready to use Alternative Dispute Resolution to settle the matter with the judges.
However, the commission told the Supreme Court that they are not aware of the petition since they haven’t received the petition from Aluochier.
The court, in a ruling delivered on behalf of the judges by DCJ Philomena Mwilu, said the bias against the judges is farfetched and speculative.
“The applicant having instituted the petition before JSC it should be allowed to take its course since the commission is an independent body,” Mwilu said.
“The notice of motion lacks in merit and is disallowed.”


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