The High Court has extended conservatory orders barring the Judicial Service Commission (JSC) from proceeding with three petitions seeking the removal of five Supreme Court judges, including Chief Justice Martha Koome, over alleged misconduct, incompetence, and misbehavior until 28th March.
The latest ruling by Justice Lawrence Mugambi grants a temporary reprieve to CJ Koome and her colleagues, as it extends a previous order that had scheduled the case hearing for 12th March. The decision follows an earlier ruling issued by the High Court on 21st February, which prohibited the JSC from considering the petitions against the embattled head of the Judiciary and her fellow justices. Additionally, a Narok court had issued similar orders two days prior.
The orders stemmed from a petition filed by Justice Njoki Ndung’u, who sought to prevent the JSC from entertaining the request for the removal of the seven Supreme Court judges. The Judiciary has been embroiled in internal turmoil for months, pitting CJ Koome and the Supreme Court judges against a faction of high-profile legal practitioners, led by former Law Society of Kenya (LSK) President Nelson Havi, and the JSC.
The dispute began when Havi filed a petition with the JSC demanding the removal of all seven Supreme Court judges, citing gross misconduct and misbehavior. He further called on President William Ruto to establish a tribunal to oversee the dismissal process. Havi’s petition came just a day after he had issued a 24-hour ultimatum for CJ Koome to resign, warning her fellow judges to support his call or face similar consequences.
Following his petition, the JSC acknowledged receipt and initiated proceedings that could have led to Koome’s removal. Speaking on 16th January, after a meeting with JSC members, Vice Chairman Isaac Ruto confirmed that the allegations raised in the petition would be assessed on their merit before recommendations were forwarded to President Ruto.
However, CJ Koome and her colleagues swiftly moved to court, suing the JSC on 21st February to halt the process. In her petition, Koome termed the commission’s willingness to hear the petitions against Supreme Court judges as a “mockery of the justice system.”
The internal wrangles within the Judiciary have sparked widespread public interest, with speculation rife that the move to unseat CJ Koome and her colleagues is politically motivated. As tensions escalate, all eyes remain on the courts to determine the outcome of the legal standoff.