Court extends orders halting JSC petitions against CJ Koome, Supreme court judges

The High Court has extended interim orders barring the Judicial Service Commission (JSC) from hearing or considering petitions filed by former Law Society of Kenya (LSK) President Nelson Havi and 15 others seeking the removal of Chief Justice Martha Koome and six other Supreme Court judges.

The conservatory orders will remain in effect until July 4, 2025.

A three-judge bench comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye also granted Chief Justice Koome and four other Supreme Court judges until May 21, 2025, to amend their petitions challenging the move to remove them from office.

This followed a request by their legal team, led by advocate Julius Kemboi, who sought more time to incorporate new information before the hearings begin.

The bench also consolidated the various petitions by all entire judges of the apex court, citing that they raise interrelated constitutional and legal issues.

The consolidation came after Havi requested directions on whether the petitions filed by the seven judges should be heard separately or as one.

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The legal teams representing the JSC and the Attorney General (AG), led by Senior Counsel Emmanuel Bitta, did not oppose the request for consolidation or the extension to amend pleadings.

Following the consolidation, the judges issued detailed timelines to guide the proceedings including the Deputy Registrar to finalize the list of parties in the consolidated petitions by May 19, 2025

The court also directed all parties, including the seven Supreme Court judges, the JSC, and the AG, to file and serve hard copies of their pleadings by May 21, 2025.

The JSC and the Attorney General have until May 25, 2025 to file their responses in the petitions.

The bench also granted petitioners and all parties supporting the consolidated petitions to file their submissions until June 10, 2025

Opposing parties, including the JSC, AG, Havi, and 14 other associates among them Senior Counsel Ahmednasir Abdullahi and former MP and Cabinet Secretary Raphael Tuju and his children to file their submissions by June 17, 2025..

Justice Mugambi ruled that all pending applications have been dispensed with by the consent of all parties.

He further affirmed that the conservatory orders already in place will remain active until the final determination of the petition.

"The conservatory orders shall remain in force until the petition is heard and determined," Justice Mugambi ruled

At the heart of this legal showdown are petitions seeking the removal of Chief Justice Koome, her deputy Philomena Mwilu, and Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, Mohamed Ibrahim, and William Ouko.

All seven judges have filed petitions contesting the admissibility of the complaints lodged before the JSC, arguing that the process is unconstitutional and prejudicial.