The High Court in Nairobi has barred the Judicial Service Commission from considering petitions to remove Chief Justice Martha Koome and her colleagues at the Supreme Court, offering temporary relief for the besieged head of the Judiciary.
Justice Lawrence Mugambi made the ruling on Friday, February 21, just two days after a Narok court issued similar orders.
The orders stem from a petition filed by Justice Njoki Ndung’u asking the court to stop the petition seeking the removal of the seven Supreme Court judges.
"That a conservatory order is hereby issued staying and/or suspending JSC Petition No. 35 of 2024—Dari Limited & 5 others vs Hon. Chief Justice Karambu Koome & 6 Others and JSC Petition No. 3 of 2025 Nelson Havi vs Hon. Chief Justice Martha Karambu Koome & 6 Others pending the hearing and determination of this Application inter partes,” Justice Mugambi ruled.
This is the first of several rulings expected soon following a petition by the former Law Society of Kenya President Nelson Havi and others seeking the ouster of the seven judges in the highest court on the land.
Havi on January 13 filed a petition seeking the removal of CJ Koome and the entire seven-judge bench of the Supreme Court. That is Koome, her deputy Philomena Mwilu, and justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
The petition, submitted to the JSC, alleged gross misconduct and misbehaviour by the judges. Havi's grievances include the Supreme Court's decision to bar lawyer Ahmednasir Abdullahi and his law firm from appearing before the court, a ban issued in January last year.
In response, the JSC requested that the implicated judges provide their responses to the allegations. This started a legal fight between judges and their employer, JSC.
On Friday, Koome, Mwilu, and Ndung’u sued the JSC, arguing that the Commission had no authority to review the decisions and/or judges of the Apex Court.
In her petition seen by Kenyans.co.ke, Koome argued that the Supreme Court has the ultimate authority over JSC and not the other way round. The head of the judiciary added that JSC entertaining the petition seeking the removal of Supreme Court judges is a 'mockery of the justice system.'
“Indeed, it is the Supreme Court that has the ultimate authority over the 1st Respondent (JSC) on matters of removal of Judges of Superior Courts,” she said.
The legal battle took shape on Wednesday when the High Court in Narok issued orders quashing a petition demanding the Supreme Court judges submit responses to remove them from office.
JSC had asked the seven Supreme Court judges to file their responses to the petition seeking their ouster.
Justice Charles Kariuki directed the commission to withdraw its directive asking CJ Koome and the other judges to respond to three petitions or any others.
However, the case seems to be set to continue on various fronts. The petition before Justice Mugambi will be mentioned again on Wednesday, March 5.
