Njoki Ndung'u Drama

[Kim Jong-Un's Pajama Pants]

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She overturned a Court of Appeal ruling on Rawal and Tunoi within 30 minutes after it was issued.

The looming crisis at Judiciary intensified Monday after former LSK CEO Apollo Mboya filed a fresh petition to have Judge Njoki Ndung'u sacked.

Mboya has petitioned Judicial Service Commission to have Ndung'u removed as a Supreme Court judge following her Friday controversial order, which temporarily halted the retirement of Deputy Chief Justice Kalpana Rawal. Rawal clocked 70 years in January 2016 but she wants to continue serving until 74, as per the former constitution.

http://www.the-star.co.ke/news/2016/05/30/fresh-suit-filed-for-removal-of-supreme-court-judge-njoki-ndungu_c1360105

[RV Pundit]

Mutunga who has 2 weeks to go now want to expedite the hearing. Meanwhile Rawal as Deputy CJ opposes Mutunga move. Tunoi is facing tribunal. The rest of judges are facing JSC for go slow.

This is self induced suicide on the part of supreme court of kenya.

They all need to be forced to resign and a new bench constituted.

[MOON Ki]

They all need to be forced to resign and a new bench constituted.

Borrowed from Jukwaa:
http://jukwaa.proboards.com/thread/8749/stop-thieves-mutunga-huyo-waizi?page=2&scrollTo=134393

I will repeat something I've stated a couple of times: Contrary to what many Kenyans think, the Judicial Vetting (and all that) did not change much in the Kenyan judiciary. 

Imagine a class in which almost all the students are of grade C- and below. Now suppose all the D- and F students get kicked out.  The average grade will improve, but it will still be in the C-to-C+ range.     Kicking out the worst of the lot will not, of itself, improve the remaining bunch. That is pretty much what the Vetting did.   The worst of the worst got kicked out, but what remained was still a pretty bad bunch.   And I don't mean just that the judiciary is still a den of corruption: the legal capabilities, the attitudes, the inclinations, ...  of what remained leaves a great deal to be desired.   

Late last year, George Kegoro had a Daily-Nation piece that should have stirred Kenyans from their slumber---an article that is especially relevant now, given the fact that Tunoi and Rawal continue to be national pests instead of going off to spend quality retirement-time with their spouses, children, ..., and great-grandchildren.     The article painted the picture of a Supreme Court that had completely lost it, and the significance of Mutunga's warnings is now apparent. 

The point was that his colleagues, in astonishing legal mischief, had chosen to involve themselves in matters which were not even before them; that involvement now seriously complicates things.

judicial utado

http://www.nation.co.ke/oped/Opinion/Rescuing-Judiciary-and-the-country-from-the-Supreme-Court/-/440808/2928298/-/3ftflfz/-/index.html

(Note three names: Rawal, Tunoi, and Ndung'u.)

It was a staggering episode, in which basic law was thrown out the window, but few seems to have picked up on Kegoro's additional warnings.  So it is that we have now had a "lady justice" doing her own Rambo-style "judicial impunity", with hardly a thought as to the mess she is creating for the country as a whole.  All this in support of another similarly thoughtless "lady justice" whose obsessions are impossible to understand. And this is the Supreme Court of the country!

Kegoro was right: the country needs rescuing from the Supreme Court. 

I repeat another of my earlier statements: Mutunga is the best Chief Justice this country has even had.  If he has not been able to reform the judiciary to the extent that Kenyans had hoped for, it is because he has been surrounded by a largely hopeless lot---a teacher expected to achieve miracles with incorrigible C students.   

Still, on a more positive front, there are signs that he will continue to contribute to the contrary once he is in a position to say things that a Chief Justice would not normally be "able" to say.   He has already  given signs in that direction.

[RV Pundit]

The whole lot have failed. The biggest failure has been one Dr Mutunga. Trying to dice supreme court into progressive or regressive camps for me won't work. We just need to sweep the whole bench and start a fresh.

Supreme court should be totally beyond reproach.  Ours are neck deep in serious bribery allegations, power struggles and all sort of mischief. The country is setting itself up for repeat of 2007 when nobody will go to that court for final arbitration.

They all need to be forced to resign and a new bench constituted.

Borrowed from Jukwaa:
http://jukwaa.proboards.com/thread/8749/stop-thieves-mutunga-huyo-waizi?page=2&scrollTo=134393

I will repeat something I've stated a couple of times: Contrary to what many Kenyans think, the Judicial Vetting (and all that) did not change much in the Kenyan judiciary. 

Imagine a class in which almost all the students are of grade C- and below. Now suppose all the D- and F students get kicked out.  The average grade will improve, but it will still be in the C-to-C+ range.     Kicking out the worst of the lot will not, of itself, improve the remaining bunch. That is pretty much what the Vetting did.   The worst of the worst got kicked out, but what remained was still a pretty bad bunch.   And I don't mean just that the judiciary is still a den of corruption: the legal capabilities, the attitudes, the inclinations, ...  of what remained leaves a great deal to be desired.   

Late last year, George Kegoro had a Daily-Nation piece that should have stirred Kenyans from their slumber---an article that is especially relevant now, given the fact that Tunoi and Rawal continue to be national pests instead of going off to spend quality retirement-time with their spouses, children, ..., and great-grandchildren.     The article painted the picture of a Supreme Court that had completely lost it, and the significance of Mutunga's warnings is now apparent. 

The point was that his colleagues, in astonishing legal mischief, had chosen to involve themselves in matters which were not even before them; that involvement now seriously complicates things.

judicial utado

http://www.nation.co.ke/oped/Opinion/Rescuing-Judiciary-and-the-country-from-the-Supreme-Court/-/440808/2928298/-/3ftflfz/-/index.html

(Note three names: Rawal, Tunoi, and Ndung'u.)

It was a staggering episode, in which basic law was thrown out the window, but few seems to have picked up on Kegoro's additional warnings.  So it is that we have now had a "lady justice" doing her own Rambo-style "judicial impunity", with hardly a thought as to the mess she is creating for the country as a whole.  All this in support of another similarly thoughtless "lady justice" whose obsessions are impossible to understand. And this is the Supreme Court of the country!

Kegoro was right: the country needs rescuing from the Supreme Court. 

I repeat another of my earlier statements: Mutunga is the best Chief Justice this country has even had.  If he has not been able to reform the judiciary to the extent that Kenyans had hoped for, it is because he has been surrounded by a largely hopeless lot---a teacher expected to achieve miracles with incorrigible C students.   

Still, on a more positive front, there are signs that he will continue to contribute to the contrary once he is in a position to say things that a Chief Justice would not normally be "able" to say.   He has already  given signs in that direction.

[Georgesoros]

SUPK  has failed miserably. Am telling you things are falling apart. Judiciary, has taken activist political overtones, MPIGs are even worse worse, Presidency took that road long time ago. 
Rather than follow the law, expediency favoring some seems to be the trend.

[Reticent Solipsist]

MOON Ki,

As always, very perceptive.

In this Mutunga court, which of the judges would you consider to have a progressive tilt and who are the conservatives?

On Njoki Ndung'u, I find her behavior highly unethical -- probably impeachable. She comes across as lacking the temperament and the judgement to sit on the SCOK. It just boggles the mind how some of these folks ended up in the highest court of the land.

Interestingly, I find many appellate judges better grounded on the issues than the majority of these folks at the SCOK.

They all need to be forced to resign and a new bench constituted.

Borrowed from Jukwaa:
http://jukwaa.proboards.com/thread/8749/stop-thieves-mutunga-huyo-waizi?page=2&scrollTo=134393

I will repeat something I've stated a couple of times: Contrary to what many Kenyans think, the Judicial Vetting (and all that) did not change much in the Kenyan judiciary. 

Imagine a class in which almost all the students are of grade C- and below. Now suppose all the D- and F students get kicked out.  The average grade will improve, but it will still be in the C-to-C+ range.     Kicking out the worst of the lot will not, of itself, improve the remaining bunch. That is pretty much what the Vetting did.   The worst of the worst got kicked out, but what remained was still a pretty bad bunch.   And I don't mean just that the judiciary is still a den of corruption: the legal capabilities, the attitudes, the inclinations, ...  of what remained leaves a great deal to be desired.   

Late last year, George Kegoro had a Daily-Nation piece that should have stirred Kenyans from their slumber---an article that is especially relevant now, given the fact that Tunoi and Rawal continue to be national pests instead of going off to spend quality retirement-time with their spouses, children, ..., and great-grandchildren.     The article painted the picture of a Supreme Court that had completely lost it, and the significance of Mutunga's warnings is now apparent. 

The point was that his colleagues, in astonishing legal mischief, had chosen to involve themselves in matters which were not even before them; that involvement now seriously complicates things.

judicial utado

http://www.nation.co.ke/oped/Opinion/Rescuing-Judiciary-and-the-country-from-the-Supreme-Court/-/440808/2928298/-/3ftflfz/-/index.html

(Note three names: Rawal, Tunoi, and Ndung'u.)

It was a staggering episode, in which basic law was thrown out the window, but few seems to have picked up on Kegoro's additional warnings.  So it is that we have now had a "lady justice" doing her own Rambo-style "judicial impunity", with hardly a thought as to the mess she is creating for the country as a whole.  All this in support of another similarly thoughtless "lady justice" whose obsessions are impossible to understand. And this is the Supreme Court of the country!

Kegoro was right: the country needs rescuing from the Supreme Court. 

I repeat another of my earlier statements: Mutunga is the best Chief Justice this country has even had.  If he has not been able to reform the judiciary to the extent that Kenyans had hoped for, it is because he has been surrounded by a largely hopeless lot---a teacher expected to achieve miracles with incorrigible C students.   

Still, on a more positive front, there are signs that he will continue to contribute to the contrary once he is in a position to say things that a Chief Justice would not normally be "able" to say.   He has already  given signs in that direction.

[MOON Ki]

In this Mutunga court, which of the judges would you consider to have a progressive tilt and who are the conservatives?

On Njoki Ndung'u, I find her behavior highly unethical -- probably impeachable. She comes across as lacking the temperament and the judgement to sit on the SCOK. It just boggles the mind how some of these folks ended up in the highest court of the land.

My view as well.   And what I find even more staggering is that, apart from the obligatory noises from the LSK etc., the "legal fraternity" is not in arms over this, given the long-term implications of having SC judges who go rogue and get away with it.   

Interestingly, I find many appellate judges better grounded on the issues than the majority of these folks at the SCOK.

I too have noted this.    One hopes that the next CJ will come from that lot.

[RV Pundit]

The legal fraternity at least the majority understand this is power play btw Mutunga & his groupies of laywers like Ahmednassir--and the pro-gov bench. Mutunga has failed. He retires having completely failed for me in all counts. I hope the next CJ will be career judge. Having a greenhorn running such an institutions has left us with an institution that need to be completely rebuilt. A big shame considering we just did that recently.

IEBC and Supreme court just have to be disbanded.

Give me a conservative judge with 20 years experience any day....rather than another Mutunga greenhorn. At least the previous judiciary survived for 50yrs with some semblance of decorum and order. This one is complete total chaos.

My view as well.   And what I find even more staggering is that, apart from the obligatory noises from the LSK etc., the "legal fraternity" is not in arms over this, given the long-term implications of having SC judges who go rogue and get away with it.   

[MOON Ki]

Mutunga has failed. He retires having completely failed for me in all counts.

What did you have in mind for him to do that he failed to do?

[RV Pundit]

I am sure if you try google you will not ran out of  lists of serious issues that mutunga found and is leaving in 2 weeks completely undone. First the bench he sits in with 8 other folks is complete and total chaos. Just goes to show his total lack of leadership.

The only judge out there working for kenyans is Mumbi and maybe Lenaola..and now Mutunga has send Mumbi to backwater Kericho instead of Nairobi high court dispensing crucial justices. I bet he knows Mumbi would continue stealing the limelight by tireless working and interpreting the constitution as it was supposed to be.

If Mutunga had half the integrity of Mumbi Ngugi I think he would have won the respect of supreme and lower courts. He is more interested in playing civil society politics. And has created big schism in the judiciary that IEBC can pass through and oversee 2017 election.

What did you have in mind for him to do that he failed to do?

[Kim Jong-Un's Pajama Pants]

The legal fraternity at least the majority understand this is power play btw Mutunga & his groupies of laywers like Ahmednassir--and the pro-gov bench. Mutunga has failed. He retires having completely failed for me in all counts. I hope the next CJ will be career judge. Having a greenhorn running such an institutions has left us with an institution that need to be completely rebuilt. A big shame considering we just did that recently.

IEBC and Supreme court just have to be disbanded.

Give me a conservative judge with 20 years experience any day....rather than another Mutunga greenhorn. At least the previous judiciary survived for 50yrs with some semblance of decorum and order. This one is complete total chaos.

My view as well.   And what I find even more staggering is that, apart from the obligatory noises from the LSK etc., the "legal fraternity" is not in arms over this, given the long-term implications of having SC judges who go rogue and get away with it.   

The difference is that previously  there was the total lack of independence.  This type of drama was resolved with an edict from state house.  It's not unlike the drama we see in the counties after devolution.

[RV Pundit]

Every court understand the importance of decorum and order...so that is lame. When the court become dysfunctional like this...then I rather had a pretend kangaroo court. How do you expect people to go to that court and respect their decisions. When they are fighting like alley cats.

The difference is that previously  there was the total lack of independence.  This type of drama was resolved with an edict from state house.  It's not unlike the drama we see in the counties after devolution.

[MOON Ki]

I am sure if you try google you will not ran out of  lists of serious issues that mutunga found and is leaving in 2 weeks completely undone.

I have googled it, and I did not find what you seem to have in mind.   So why don't you just tell me the items on these " lists of serious issues".

[Georgesoros]

Mutuunga did not create a foundation necessary for a proficient judicial system. That is sad, given the expectations.

[RV Pundit]

Try other search engines. Start from say backlog. If you file a case now do you know when it will he heard? Yeah Mutunga has added more judges/magistrates but this has done nothing without deploying technology to increase their efficiency and productivity.Do people have more confidence in our court..mmm I say not..we are back to 2007 at least at supreme court. Are our prison any better...CJ has a say on where prison get sent.

Just pick any indicator in our justice system...and tell us where Mutunga has succeeded.

Or well...tell us one thing Mutunga is very proud of having done as he bows out in mid June.

I have googled it, and I did not find what you seem to have in mind.   So why don't you just tell me the items on these " lists of serious issues".

[RV Pundit]

He did nothing. Did not lead from get go. He was more interested in giving speeches abroad.Our judicial system is just as he found it. We have had few bright spots in Mumbi Ngugis but generally for the average mwananchi our courts represents nothing but justice.

Mutuunga did not create a foundation necessary for a proficient judicial system. That is sad, given the expectations.

[MOON Ki]

He did nothing. Did not lead from get go. He was more interested in giving speeches abroad.Our judicial system is just as he found it. We have had few bright spots in Mumbi Ngugis but generally for the average mwananchi our courts represents nothing but justice.

Here is the specific question I asked, if you care to have a go at it (other than a general hand-waving to Google):

What did you have in mind for him to do that he failed to do?

Part of the reasons why I ask: In his administrative role as head of the court, he has certain powers, but they are limited by law; and as a judge of the Supreme Court, he is one of seven---the majority can and have sometimes gone against him.

So let's try to move away from vague generalities like "did nothing", "was more interested in giving speeches abroad", etc.  Instead, let's have he should have done that, could have done that, but failed to do that sort of thing.   

[RV Pundit]

Okay you have a got at it too. Tell us the great things the retiring Mutunga has done. I personally cannot wait to see the back of the failure come mid-june.

Here is the specific question I asked, if you care to have a go at it (other than a general hand-waving to Google):


Part of the reasons why I ask: In his administrative role as head of the court, he has certain powers, but they are limited by law; and as a judge of the Supreme Court, he is one or seven---the majority can and have sometimes gone against him.

[MOON Ki]

Okay you have a got at it too. Tell us the great things the retiring Mutunga has done.

He, he, he, .... That's a good one!  How can I too have a go at a question that I asked you?   And it was a fairly concrete and direct question that I asked ...

My first response: have you tried Google?   

My second response: Nowhere have I stated that he has done "great things"; what I have stated is that he is the best CJ that "independent Kenya" has had.   Still, I have had it  in mind to write a short farewell note to/for/about "Dr. Studs", and I will post it in the next week or so.   Perhaps that will be a partial answer to your question asking  that I answer a question I asked you .... or something.

I personally cannot wait to see the back of the failure come mid-june.

Don't let that bother you.  All sorts of knaves are similarly gleeful, and they will, I imagine, be absolutely delighted if the sly moves of Prof. Amicus Mortician succeed.

[MOON Ki]

Mutuunga did not create a foundation necessary for a proficient judicial system. That is sad, given the expectations.

What is the "foundation necessary"?   And given the powers and limitations of his office, exactly what could he and should he have done?  Yes, there might have been high expectations of him.   But more is needed: simply appealing to "expectations" doesn't help,  because expectations sometimes based don't have a realistic basis.   As I noted above, it would be more helpful in such arguments and claims to:

(a) Indicate what "needed" to be done ... this "necessary foundation" or whatever.   

(b) Indicate the basis of "need" in (a), i.e. how it would lead to a "proficient judicial system".   (Of necessity, one would also have to explain what that means.) 

(c) Indicate what of (a) could have been done and should have been done by the CJ.

(d) Indicate, precisely, where the CJ failed in the "needed" and "could have" and "should have".  (One may even throw in "might have", if short of "juice".)

People keep beating up on  the man but are very shy on the specifics.   Here, let us take one:   You say "sad, given the expectations".   Fair enough, as far as it goes.  So, let's start at the most basic point:  what are/were these expectations? . Once we have those---right here, instead of "go find them on Google"---we'll be able to make some progress in the discussion.