JSC blocked from proceeding with removal of Justice Dorah Chepkwony
Justice Bahati Mwamuye stopped JSC from remoing the judge until the petition filed by Kennedy Echesa is heard and determined
The high court has issued orders barring the Judiciary Service Commission (JSC) from proceeding with the removal of Justice Dorah Chepkwony.
In a ruling issued at Milimani Law Courts by Justice Bahati Mwamuye, JSC was stopped from removing the judge until the petition filed by Kennedy Echesa is heard and determined..
“Pending the inter partes hearing and determination of the Notice of Motion Application dated 4 March 2025, a conservatory order is hereby issued staying the proceedings in JSC Petition No. 29 of 2023 (Acorn Law Advocates LLP v. Hon. Lady Justice Dorah Chepkwony),” Mwamuye stated in his ruling.
Echesa moved to court seeking orders to stop the commission from proceeding with the Judge’s case.
Justice Mwamuye directed him to serve the respondent by the close of business today.
The ruling on the case is expected to be delivered on April 30, whereas the hearings will be done virtually on April 7 this year.
“The Petitioner/Applicant shall serve the Respondents and the Interested Party with the application, Petition, and this Court Order immediately, and file an Affidavit of Service in that regard by close of business today,” Mwamuye stated.
This is the second time the Commission has suffered a setback in the case of a judicial ouster in less than a month.
This is after the Narok High Court a fortnight ago issued orders stopping JSC from the removal of Supreme Court Judges led by the Chief Justice Martha Koome.
Mid last month, Justice Charles Kariuki halted the proceeding against CJ Martha Koome alongside the other judges pending the hearing and determination of a petition filed in Naroke.
“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,” the judge ruled.
JSC Vice-Chairperson Isaac Ruto said they will adhere to the ruling.
The other Supreme Court of Kenya judges are Deputy Chief Justice Philomena Mwilu, along with Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
They have come under criticism over the conduct of the judiciary, alleged incompetence, and misbehaviour.
Lawyers, including Nelson Havi and Ahmednasir Abdullahi, as well as former Cabinet Secretary Raphael Tuju filed the petitions seeking their removal.
