A High Court in Narok has issued a stay order stopping the implementation of the decision by the Judicial Service Commission (JSC) that required the seven Supreme Court Judges to respond to a petition seeking their removal.
Justice Charles Kariuki, in a ruling dated February 18, halted further proceedings against Chief Justice Martha Koome alongside six other judges pending the hearing and determination of the petitions.
The conservatory orders followed an application filed by Pariken Ole Esho to stop JSC which sought to compel CJ Koome and the other six Supreme Court judges to respond to petitions filed against them over alleged gross misconduct.
"The grant of leave herein is to operate as a stay to stop the implementation of the decision by the respondent requiring the seven judges to submit responses in respect of any other petition whatsoever," the High Court ruled.
"Further, a leave is granted to stop any such 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 herein."
While delivering the ruling, Justice Kariuki set March 12, 2025, as the date for mention and ordered the parties in the case to file their applications within 21 days.
Today's court order comes hardly a fortnight after a group of Kenyans including senior lawyers filed petitions accusing the Supreme Court judges of gross misconduct and incompetence.
Among the petitioners included former Law Society of Kenya Nelson Havi who filed a suit seeking the removal of the entire Supreme Court bench. In particular, Havi accused CJ Koome of lacking leadership and direction as expected of her.
The lawyer also cited an incident where the Supreme Court permanently banned Senior Counsel Ahmednasir Abdullahi from appearing before it over allegations of constant negative criticism.
Meanwhile, amidst calls by a section of lawyers for her to resign over gross misconduct, CJ Koome has reaffirmed the fight against corruption in the judiciary.
Speaking at a Mombasa Hotel on Tuesday, February 18, during a meeting of the National Council on the Administration of Justice, Koome noted that mechanisms had been put in place that will help the judiciary and its stakeholders fight the menace expeditiously.
"We have to prevent corruption at all costs in all our institutions, we have to support our investigating arms and protect the witnesses who hold very crucial evidence that will enable our institutions to deal with corruption firmly," Koome said.
