JSC says court orders bar it from processing Supreme Court petitions

The Judicial Service Commission (JSC) will not process petitions seeking the removal of Supreme Court judges after the High Court issued restraining orders, JSC Deputy Chairperson Isaac Rutto said in a statement on Tuesday, February 25.

Rutto said multiple cases challenging the petitions have been filed against JSC, the attorney general and other parties.

The petitions sought the removal of Chief Justice Martha Koome and other Supreme Court judges over allegations of misconduct, incompetence and misbehavior.

“The court has barred us from processing the petitions, and we will comply,” said Rutto.

JSC’s statement comes days after Supreme Court judges moved to court to fight petitions filed to remove them from office.

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 Koome, her deputy Philomena Mwilu and Justices Njoki Ndung’u, Mohamed Ibrahim and Isaac Lenaola have filed separate cases before the High Court against JSC, seeking to quash petitions filed by lawyer Nelson Havi, former Rarieda MP Raphael Tuju and lawyer Ahmednasir Abdullahi’s associates.

The petitioners want the judges removed over alleged gross misconduct and incompetence.

Koome asked the High Court to nullify JSC’s decision requiring her to respond to petitions by Havi and Ahmednasir’s associates.

 In her separate case, Njoki asked the court to find that JSC has no power to entertain petitions that amount to reviewing a judge’s ruling or judgment.

Among the cases filed is a petition by Koome against the commission and others, alongside similar challenges by Mwilu, Njoki, Ibrahim, William Ouko and Lenaola.

Rutto said JSC will defend its mandate in court, arguing that Article 168 of the Constitution empowers it to handle disciplinary matters involving judges.

“The commission remains committed to upholding the rule of law and discharging its mandate without fear or favour,” said Rutto.

The petitions sought orders restraining JSC from requiring judges to respond to allegations.

 The court granted interim conservatory orders barring further processing of the petitions until the cases are determined.

Mwilu has also objected to the commission, arguing that the authority to determine whether a judge has violated a litigant’s rights rests solely with the High Court.