Court strikes out magistrate’s petition against CJ Koome’s disciplinary action
The Employment and Labour Relations Court has struck out a petition by Nairobi Chief Magistrate Stella Atambo seeking to stop disciplinary proceedings initiated against her by Chief Justice Martha Koome, ruling that she used the wrong legal procedure.
Justice Monicah Mbarũ held that Atambo’s challenge to two Notices to Show Cause issued on April 10 and 17, 2026, should have been filed as an ordinary employment claim rather than a constitutional petition.
In a ruling delivered on October 8, the judge said the dispute concerned administrative fairness and could be resolved through established employment litigation procedures without requiring constitutional interpretation.
“The petition, premised on the challenged Notices to Show Cause issued by the first respondent against the petitioner and the orders sought, does not raise any need to interpret the Constitution over any rights not provided for under statute,” Justice Mbarũ ruled.
“This is unnecessary. It is not a proper petition,” she added.
Atambo, who is stationed at Kibera Law Courts, moved to court in April seeking to stop further action arising from the notices. She also wanted the Judiciary compelled to disclose the evidence, reports, statements and records relied upon in initiating the disciplinary process.
She argued that she had been directed to respond to allegations framed as facts without being supplied with supporting evidence or information about its source.
“The complaint is live and continuous. The Petitioner must answer, within fourteen days, allegations framed as fact without disclosure of evidence or provenance,” she submitted, citing constitutional protections on fair trial and administrative action.
Koome’s lawyers countered that the petition was essentially an administrative-fairness dispute that did not raise a genuine constitutional question and should be struck out.
The court agreed, relying on the principle that employment disputes should not automatically be converted into constitutional petitions where statutory remedies are available.
The ruling followed an earlier decision dismissing Atambo’s application to expunge a replying affidavit sworn by Senior Legal Counsel Muciimi Mbaka on behalf of the Office of the Chief Justice.
The court held that an employer could respond through an officer familiar with the relevant records.
