JSC says restrained from handling petitions against top judges » Capital News
NAIROBI, Kenya, Feb 26 – The Judicial Service Commission (JSC) has halted the processing of petitions against Chief Justice Martha Koome and Supreme Court judges, citing court injunctions.
In a statement on Tuesday, JSC Vice Chairperson Isaac Rutto said interim conservatory orders restrain the commission from handling the petitions.
“Given the foregoing, and in compliance with the prevailing court orders, the JSC cannot process the petitions or comment on the ongoing court cases,” Rutto stated.
He noted that the JSC had recently received petitions seeking the removal of the seven Supreme Court judges over alleged incompetence, misconduct, and misbehavior.
However, eight separate parties including six Supreme Court judges moved to court to block the JSC from proceeding with the petitions, which required the judges to respond to the allegations.
“The JSC, in promoting and facilitating judicial independence and accountability, will defend the matters in court and assert its mandate to exercise its constitutional functions under Articles 168, 172, and 252 of the Constitution,” the statement added.
Rutto emphasized that the JSC will uphold its mandate in court, arguing that Article 168 of the Constitution empowers it to handle disciplinary matters involving judges.
He reiterated the commission’s commitment to respecting the rule of law.
Koome blocks removal
This development comes days after CJ Koome moved to the High Court to suspend ongoing proceedings at the JSC related to petitions seeking her removal from office.
In court documents filed at the Milimani Law Courts, Koome argued that the JSC lacks the authority and constitutional mandate to entertain such claims against her or any Supreme Court judges.
She asserted that the Constitution, under Article 168(1), narrowly defines the process for removing a judge.
Koome stated that she has received notices requiring her response to the petitions, which she believes undermine both the Supreme Court and the integrity of the Constitution.
“Both petitions are based on decisions made by the Supreme Court or the exercise of its constitutional powers,” she said.
Lawyer Nelson Havi and associates of lawyer Ahmednasir Abdullahi filed the petitions against the Supreme Court judges.