Narok High Court Halts JSC Proceedings Against Supreme Court Judges » Capital News
NAIROBI Kenya, Feb 19- The Narok High Court has barred the Judicial Service Commission (JSC) from requiring Supreme Court judges to respond to petitions seeking their removal from office, following a case filed by Pariken Ole Esho.
In a ruling dated February 18, Justice Charles Kariuki issued an order suspending proceedings against Chief Justice Martha Koome and six other Supreme Court judges pending the hearing and determination of the petitions.
Kariuki also granted a conservatory order preventing the JSC from compelling Koome and her colleagues to respond to the petitions, which accuse them of gross misconduct.
“The grant of leave herein is to operate as a stay to stop the implementation of the decision by the respondent requiring the seven judges to submit responses in respect of any other petition whatsoever,” read the court documents.
The ruling further halted any additional proceedings against the Supreme Court judges until the substantive judicial review process is concluded.
The decision comes amid claims by Senior Counsel Ahmednasir Abdullahi that the petitioner is acting on behalf of the Supreme Court judges. He argued that the court order effectively blocks the constitutional process, stating that judges cannot remain in office by force.
“CJ Koome and seven judges of the Supreme Court obtained an injunction in Narok stopping the @jsckenya from processing their removal… The constitutional process is now blocked… They can’t stay in office by force… surely,” Abdullahi said.
The court order follows a petition filed by thirteen lawyers from Ahmednasir Abdullahi Advocates LLP on January 30, seeking the removal of Chief Justice Koome and the other Supreme Court judges over alleged gross misconduct and incompetence.
The petitioners urged the JSC to investigate whether the judges had engaged in any misconduct, misbehavior, or violations of the judicial code of conduct. They cited the Supreme Court’s decision to bar Ahmednasir and advocates from his law firm from appearing before it, arguing that it infringed on their rights as lawyers.
Under Article 168 of the Constitution, the process for the removal of a judge requires the JSC to evaluate the petition and, if satisfied, advise the President to establish a tribunal. The tribunal would then conduct inquiries and make binding recommendations to the President.