JSC declined to form a tribunal to investigate their conduct.
The Judicial Service Commission (JSC) has recommended three Supreme Court judges be reprimanded for misconduct.
However, the JSC declined to form a tribunal to investigate their conduct saying the misconduct did not meet the threshold to warrant the formation of a panel.
In a letter, JSC Secretary Ms Anne Amadi said the Commission had considered the petition dated October 9, 2015 filed by lawyer Apollo Mboya, as well as the response by the accused Supreme Court judges.
The finding established that the conduct by Supreme Court judges Mohammed Ibrahim, Jackton Ojwang and Njoki Ndung’u to go on strike last year was “indeed unbecoming of them as judges of the Supreme Court and amounted to misconduct”.
“JSC however determined that the said misconduct did not meet the requisite threshold to warrant a recommendation for the appointment of a tribunal for their removal as provided in the Constitution,” read the communication issued Monday.
In the petition, lawyer Mboya argued that the decision by the three judges to withdraw their services to the people of Kenya by “imposing a moratorium on all the judicial operations” in a letter dated September 24, 2015 was a misconduct and they should therefore be removed.
“These are state officers and cannot withdraw their services to members of the public,” argued lawyer Mboya.
He had also filed another petition against Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi for sitting in a case that touched on retirement of judges, when they too were active litigants challenging their retirement age.
Mrs Amadi on Monday assured lawyer Mboya that the petition he filed against Justice Rawal and Justice Tunoi is still under the JSC’s consideration and the outcome shall be communicated in due course.
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