High Court Saves CJ Koome, Supreme Court Judges After Halts JSC Proceedings
Justice Dorah Chepkwony has been granted a reprieve by the Nairobi High Court, which issued a conservatory order stopping the Judicial Service Commission’s (JSC) procedures to remove her.
In a verdict issued by Justice Bahati Mwamuye at the Milimani High Court, the JSC experienced another setback, as this is the second time in less than a month that a court has prevented it from advancing with a judicial ouster case.
“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,” read part of Justice Mwamuye’s ruling.
Kennedy Echesa, the petitioner who sought court orders to halt the JSC from advancing with the matter, was ordered to serve the respondents by Wednesday’s close of business.
The High Court extends orders barring the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Chief Justice Martha Koome and four other Supreme Court judges.
— Cyprian, Is Nyakundi (@C_NyaKundiH) March 5, 2025
Justice Lawrence Mugambi ruled that the JSC cannot act on the petitions until March… pic.twitter.com/r1JdUFh36U
“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 added.
The case will be decided on April 30, and the hearings will be held virtually on April 7 this year.
Mwamuye’s instructions come a fortnight after a High Court in Narok issued a stay order preventing the enforcement of the JSC’s judgment requiring the seven Supreme Court Judges to reply to a petition seeking their removal.
In an order dated February 18, Justice Charles Kariuki delayed further proceedings against Chief Justice Martha Koome and six other judges pending the hearing and resolution of applications filed to protest their removal.
“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,” Justice Kariuki ruled.
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Following the verdict, the JSC, led by Vice Chairperson Isaac Ruto, stated that the Commission will follow the court orders prohibiting it from processing applications against Supreme Court judges.
The seven Supreme Court of Kenya judges are led by Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu.
Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko have all been criticised for their judicial conduct, ineptitude, and misbehaviour.
Lawyers Nelson Havi and Ahmednasir Abdullahi, as well as former Cabinet Secretary Raphael Tuju, have filed petitions seeking their removal from office.
High Court Saves CJ Koome, Supreme Court Judges After Halts JSC Proceedings
