Mr Mboya claims that in her detailed dissent judgement on the presidential petition, Justice Njoki Ndung'u exhibited "total lack of courtesy and civility towards her colleagues on the bench of the Supreme Court".
He also indicated that she expressed bad judicial temperament in her general attitude towards the law and other judges. Mr Mboya also accused the judge of ignoring the forms by IEBC for scrutiny and based her dissenting opinion on forms and material that was not rendered for scrutiny.
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The petitioner pointed out that it was not humanly possible that Ms Ndung'u examined all the disputed forms from the date of hearing on 28th August to the date of summary judgement on 1st September 2017.
"That in her summary dissent judgement, Njoki did not allude to the fact that she examined and verified each of the disputed forms if at all before deciding dissent," part of the petition read. He further faulted the Judge on her judgement that directed the lower courts to disregard the criteria used by the Apex court in making the milestone decision.
"However in the meantime, lower courts are not without an option...The decision by the majority is one given in a presidential election and which does not usurp the jurisdiction of the lower courts in electoral disputes," she noted On behalf of LSK, Mr Mboya, therefore, wants the Supreme Court Judge kicked out of office for failing to uphold her oath of office noting that her actions are contrary to the Constitution's view to upholding the dignity and respect for the Judiciary and the Judicial system in Kenya.
"That she engaged in acts that were in complete disregard of the...continue reading in page 2>>>>
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