The High Court on Wednesday, March 5, extended conservatory orders barring the Judicial Service Commission (JSC) from proceeding with three petitions seeking the removal of 5 Supreme Court judges, including Chief Justice Martha Koome, over alleged misconduct, incompetence and misbehavior until March 28.
In what is set to be a fresh reprieve for CJ Koome and her fellow Supreme Court judges, the new orders would see the date for hearing the case extended after previous orders had put the hearing date at March 12.
The new development came after the High Court had on February 21 issued the orders barring the JSC from considering the petitions against the besieged head of the Judiciary and her colleagues.
The ruling, issued by Justice Lawrence Mugambi, came two days after a Narok court had issued similar orders.
The orders stemmed 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.
For the past few months, the Judiciary has been in a civil war involving Koome and the Supreme Court judges, a section of high-profile legal practitioners led by Nelson Havi, and the JSC.
It all began after former Law Society of Kenya (LSK) President Havi filed a petition to the JSC seeking the removal of all seven Supreme Court judges.
In his demands, Havi urged the JSC to compel President William Ruto to form a tribunal and begin the process of firing the seven accusing them of gross misconduct and misbehaviour among other issues.
His petition came a day after he had given CJ Koome a 24-hour ultimatum to resign, instructing her fellow judges to back his call for Koome’s resignation or face the same fate.
Consequently, the JSC acknowledged receipt of Havi’s petition and kickstarted the process that would have led to Koome’s removal.
Speaking on Thursday, January 16, after a meeting with the JSC members, JSC Vice Chairman Isaac Ruto acknowledged receipt of the petition and revealed that the allegations would be considered on their merit before recommendations are submitted to President William Ruto.
The Vice Chair’s move was made with immediate rebuttal from Koome and her colleagues who proceeded to the courts seeking orders prohibiting JSC from considering the petitions.
While suing the JSC on Friday, February 21, Koome termed the recent move by the Commission to listen to petitions seeking the removal of Supreme Court judges as a 'mockery of the justice system'.
The infighting within the Judiciary has drawn the attention of many Kenyans with speculation rife that the move to go after CJ Koome and her colleagues as politically motivated. Even so, it remains to be seen who will blink first in the ongoing bruising battle.
