The High Court has stopped the Judicial Service Commission (JSC) from proceeding with three petitions seeking the removal of Chief Justice Martha Koome and Supreme Court judges over alleged incompetence and misconduct.
Justice Charles Kariuki issued a temporary order blocking the JSC from enforcing its directive, which required the CJ and the Apex Court judges to respond to the ouster petitions or any other petitions filed against them.
The petitions were submitted by former Cabinet Secretary Raphael Tuju’s Dari Limited, Law Society of Kenya (LSK) President Nelson Havi, and lawyer Christopher Rosana. The order follows a Judicial Review case filed at the Narok High Court by Pariken Ole Esho, who argues that the petitions are procedurally flawed.
The court’s directive will remain in effect until Ole Esho’s case is heard and determined.
Petitioner Challenges JSC’s Handling of Complaints
Pariken Ole Esho contends that the JSC lacks clear procedural guidelines aligned with constitutional principles for handling complaints against judges, magistrates, and other judicial officers. He argues that this loophole allows the Commission to act arbitrarily, compelling judges to respond to petitions that do not meet legal requirements.
“The JSC’s failure to establish structured procedural rules enables the Commission to make arbitrary decisions. Worse still, it creates room for entities like Dari Limited to influence the process,” he stated.
Ole Esho further claims that by requiring the judges to respond to the petitions, the JSC violated principles of natural justice and fair administrative action.
Court Grants Stay Order, Bars Further Proceedings
Justice Kariuki has also permitted the petitioner to seek an order prohibiting the JSC from proceeding with any charges against Chief Justice Martha Koome and other Supreme Court judges.
“The leave shall operate as a stay, halting the implementation of the JSC’s directive requiring Chief Justice Martha Koome, Justices Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko to submit responses regarding the three petitions or any other petitions, whether currently before the Commission or in the future,” Justice Kariuki ruled.
The order further restrains the JSC from taking additional steps against the Supreme Court judges until Ole Esho’s judicial review case is resolved.
Next Steps in Legal Battle
The petitioner has urged the court to order the JSC to suspend all proceedings against judges, magistrates, and other judicial officers until proper procedural rules are established.
In response, Justice Kariuki directed Ole Esho to submit his pleadings within 21 days and scheduled the case for mention on March 12, 2025.
This legal challenge comes just a week after the JSC asked seven Supreme Court judges to respond to petitions seeking their removal.
The petitions stemmed from the Supreme Court’s controversial decision to bar Senior Counsel Ahmednasir Abdullahi and all lawyers affiliated with his law firm from appearing before the Apex Court.
