Fresh twist as High Court stops JSC from handling petitions against Supreme Court judges
A petitioner, Pariken ole Esho had moved to court under a certificate of urgency seeking orders to compel the JSC to promulgate appropriate clear procedural rules consistent with constitutional principles and the rule of law
In a fresh twist to the saga surrounding sustained attempt to remove the seven Supreme Court Judges led by Chief Justice Martha Koome, the High Court in Narok has stopped Judicial Service Commission (JSC) from processing any petitions seeking the removal of judges, magistrates and other judicial officers pending the formulation of clear procedural rules.
Justice Charles Kariuki granted a petitioner, Pariken Ole Esho, orders barring the JSC from requiring Chief Justice Martha Koome, Deputy Chief Justice Philemona Mwilu and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Susanna Ndung’u, Isaac Lenaola and William Ouko to file responses to three petitions filed against them.
ole Esho had moved to court under a certificate of urgency seeking orders to compel the JSC to promulgate appropriate clear procedural rules consistent with constitutional principles and the rule of law for handling complaints against judges, magistrates and other judicial officers.
The order granted to him also bars the JSC from maintaining, continuing and sustaining any such charges and/or proceedings against judges, magistrates and other judicial officers until such procedural rules are in place.
Justice Kariuki granted ole Esho leave to apply for an order of prohibition to prevent the JSC from processing the JSC Petition No.35 of 2024 filed against Justices Mwilu, Ibrahim, Wanjala, Njoki and Ouko on April 30, 2024 by Dari Ltd, a company owned by former Cabinet minister Raphael Tuju over the manner they handled a appeal filed against a Court of Appeal ruling regarding a Sh4.5 billion debt owed to the East African Development Bank (EADB).
The five judges were forced to recuse themselves on October 11 last year after Tuju accused them of bias and working towards an undisclosed predetermined outcome.
Also stopped is JSC Petition No.3 of 2025 filed last month by former Law Society of Kenya President Nelson Havi seeking the removal of all the seven Supreme Court judges for alleged gross misconduct and misbehaviour.
There is also JSC Petition No.72 of 2024 but it is not immediately clear who the complainant was and the nature of the accusations levelled against the judges.
Apart from the Supreme Court judges, Havi has also filed other petitions against Justices Alfred Mabeya and Lucas Leperes Naikuni.
Justice Kariuki, in his ruling, also stopped the JSC from entertaining any future petitions against judges, magistrates and other judicial staff until the procedural rules are in place.
He gave ole Esho 21 days to file a substantive judicial review petition and 14 days thereafter to serve the respondents.
The matter will be mentioned on March 12 to confirm compliance.
