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Mutunga opens up on his relationship with Justice Ndung’u

Wednesday, February 5th, 2020 19:37 | By
Justice Mutunga and Justice Ngungu. Photo/Courtesy

Former Chief Justice Willy Mutunga yesterday denied there is bad blood between him and Supreme Court judge Njoki Ndung’u in a case in which the latter is challenging the Judicial ServiceCommission’s (JSC’s) decision to reprimand her.

Mutunga was testifying in twopetitions relating to allegationsof misconduct against JusticeNdung’u over JSC’s decision to fixjudges’ mandatory retirement ageat 70.

Justice Ndung’u, who testified on Monday, denied downing tools to protest the retirement of Deputy Chief Justice Kalpana Rawal and Supreme Court JudgePhilip Tunoi. 

Justices Ndung’u,Jackton Ojwang, and MohamedIbrahim were alleged to have goneon strike for two weeks in September 2015.

Mutunga swore anaffidavit in support of JSC, sayingthe alleged strike had crippledthe Judiciary for two weeks. 

He,however, told Justice Weldon Koriryesterday that he learned of thealleged strike from Supreme CourtRegistrar Ann Asuga.

“Asuga is the one who informedme that the three judges were notworking,” he told the court.

The former CJ, however, denied that the case was personalbetween him and his former colleague. 

On Monday, Justice Ndung’u told the court that they wrote to JSC collectively as a result of quorum deficit.

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