Relief for CJ Koome, Supreme Court judges as High Court stops petitions to remove them from office
Chief Justice Martha Koome (center) and Supreme Court judges (top clockwise) Dr Smokin Wanjala, William Ouko, Njoki Ndung'u, Mohamed Ibrahim, Isaac Lenaola and Philomena Mwilu.
What you need to know:
- The development came a week after the JSC asked the seven judges to respond to the ouster petitions, which stemmed from the Supreme Court’s decision to ban lawyer Ahmednasir Abdullahi, senior counsel, from appearing before the Apex court.
- The ban also extended to other lawyers working at Ahmednassir’s law firm – Ahmednasir Abdullahi Advocates LLP.
The High Court has stopped the Judicial Service Commission (JSC) from proceeding with three petitions for the removal of Chief Justice Martha Koome and Supreme Court judges from office over alleged incompetence and misconduct.
The temporary order issued by Justice Charles Kariuki blocks implementation of the decision by the JSC requiring the CJ and the Apex court judges to submit their responses to the ouster petitions or any other petition facing them.
The three petitions were filed by former Cabinet Secretary Raphael Tuju's Dari Limited, Law Society of Kenya (LSK) president Nelson Havi, and lawyer Christopher Rosana.
The order originated from a Judicial Review case lodged by Mr Pariken Ole Esho at the High Court in Narok.
The orders will remain in force pending the hearing and determination of Mr Ole Esho's case which concerns procedural impropriety.
According to the petitioner, the JSC lacks clear procedural rules consistent with constitutional principles for handling complaints against Judges, Magistrates, and other judicial officers.
"JSC's lack of procedure rules for handling such complaints enables the Commission to act arbitrarily in directing the judges to respond to the petitions which do not meet the requisite threshold. Worse still, it creates a window for persons such as Dari Limited to direct the JSC on the process to adopt," said Mr Ole Esho.
He added that in asking the judges to respond to the petitions, the JSC decision violated natural justice and fair administration action.
Other Supreme Court judges affected by the order are Deputy Chief Justice Philomena Mwilu and Justices Dr Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
Justice Kariuki also granted the petitioner authority to apply for an order of prohibition to prevent the JSC from continuing, maintaining, and sustaining any such charges against the top judges.
“The leave is to operate as stay to stop the implementation of the decision by the JSC requiring Her Ladyship Justice Martha Koome (CJ), Justices Dr Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko to submit responses in respect of the three petitions or any other Petition whatsoever either before it or at all,” said Justice Kariuki.
The order also requires JSC to stop any such further proceedings against the said Supreme Court judges pending the hearing and determination of Mr Ole Esho’s judicial review case.
“The leave also stops any such further proceedings against the said seven judges of the Supreme Court of Kenya pending the hearing and determination of the substantive judicial review proceedings to be filed following the grant of leave,” the court said.
The petitioner asked the court to direct the JSC to desist from continuing, maintaining, and sustaining any such charges or proceedings against Judges, Magistrates, and other judicial officers until the said procedural rules are in place.
Justice Kariuki directed the petitioner to file his pleadings within 21 days and fixed the case for mention on March 12, 2025.
The development came a week after the JSC asked the seven judges to respond to the ouster petitions, which stemmed from the Supreme Court’s decision to ban lawyer Ahmednasir Abdullahi, senior counsel, from appearing before the Apex court.
The ban also extended to other lawyers working at Ahmednassir’s law firm – Ahmednasir Abdullahi Advocates LLP.