Chief Justice Willy Mutunga has resolved to interdict Supreme Court Registrar Lucy Njora for disobeying his orders on Friday to pass him the file on Justice Kalpana Rawal.
The Show Cause letter is due to be delivered to her this Tuesday morning.
According to sources, Mutunga directed Njora on Friday to forward the Rawal case file to him but she disobeyed. Njora seems to be receiving orders from Statehouse operatives.
Judge Njoki Ndungu was once exposed by late Jacob Juma to have strong Statehouse connections where she serves as a kitchen cabinet of sorts in the night while in the day she is a SCK Judge (alleged Juma on Twitter)
Interdiction means the Registrar will now stop working and will only receive half salary until her case is investigated and decided.
The Judicial Service Commission plans to meet on Thursday to consider the conduct of Supreme Court judge Njoki Ndung’u over allegations of misconduct after she allegedly hijacked the file in the Justice Kalpana Rawal case despite Ibrahim being the duty judge.
Judge Ndung’u on Friday issued an injunction within 30 minutes that suspended the retirement of Deputy Chief Justice Rawal after the Appeal Court ruled that all judges must retire at 70.
Rawal reached 70 years in January 2016 but wants to continue serving until 74, as per the former constitution.
Yesterday the CJ directed that the Rawal appeal to the Supreme Court should be heard on June 2 instead of June 24, as ordered by judge Ndungu.
The CJ constituted a five judge bench of judges Mutunga, Ibrahim, Ojwang, Wanjala and Ndungu to hear the matter.
Mutunga yesterday asked the second Supreme Court Registrar Esther Nyaiyaki to notify the parties to appear before Justices Ndung’u and Smokin Wanjala for directions on Tuesday.
On Monday, Rawal filed an objection to the CJ’s directives saying he had varied orders given by judge Ndung’u without a legal mandate. It will be raised before the court this morning when parties appear for direction.
On Thursday, the five judge bench should hear an application by the JSC seeking to reverse Ndungu’s decision to suspend Rawal’s retirement, as well as hearing Justice Rawal’s appeal.
Through lawyer Issa Mansour the JSC says that Ndungu presided over the case despite not being the duty judge and therefore her ruling should be struck from records.
According to the JSC, there was no notice of appeal before Ndungu, no certificate of urgency and no contested judgement.
However, the Supreme Court may not even take off on Thursday as its composition may be challenged in the ongoing power struggle over the CJ succession.
It is possible that some parties may ask for Mutunga and Smoking Wanjala to be excused as they sit in the JSC that decided on the 70 year retirement age and will therefore not be independent.
Similarly, Ndungu might be disqualified from sitting in judgement on a decision she herself had already taken.
That might leave only two Supreme Court judges available which does not.