Four more Supreme Court judges block JSC ouster attempts

Four more Supreme Court judges have secured court orders halting their potential removal, as the Judicial Service Commission (JSC) reconvenes today to deliberate on their fate amid a deepening legal battle.

Deputy Chief Justice Philomena Mwilu, along with Justices Mohammed Ibrahim, Isaac Lenaola, and William Ouko, obtained the orders from High Court Judge Lawrence Mugambi.

They argue that the ongoing disciplinary process stems from disparaging social media posts by lawyers Nelson Havi and Ahmednassir Abdullahi.

Justice Mugambi directed that both Mwilu and Ibrahim serve the respondents and interested parties including the JSC, Havi, Abdullahi, and Dari Limited by close of business today. The parties must file their responses by March 3, 2025.

"Pending inter-parties hearing and determination of the applications, a conservatory order is hereby issued suspending the JSC petitions," said the judge.

The matter will be mentioned on March 6, 2025, for compliance confirmation and further directions.

Separately, Justices Lenaola and Ouko also secured orders suspending JSC proceedings. Justice Mugambi set their cases for mention on March 5.

Lenaola argued that the JSC must avoid complaints that require it to assess a judge's ruling or judgment to determine alleged incompetence.

He accused the commission of failing to shield judicial officers from "persistent vilifying speeches" masked as "exercising freedom of expression."

"The actions threaten to abolish the Supreme Court established by law by seeking removal of the entire bench of seven judges through unconstitutional means," Lenaola said.

Baseless allegations

Justice Ouko echoed similar concerns, asserting that the JSC should not be the institution subjecting judges to public ridicule and baseless allegations.

"Its actions contradict its constitutional duty, creating a precedent where judges can be publicly discredited without due process, in violation of their inherent right to dignity," he stated.

Chief Justice Martha Koome had already secured a similar order last Friday before Judge Mugambi.

In her application, she contended that the JSC lacks both the authority and constitutional mandate to entertain complaints against her or any Supreme Court judge over decisions made while exercising their judicial roles.

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Koome stressed that the JSC has no power to interfere in matters falling under the Supreme Court's constitutional jurisdiction. She pointed out that two pending petitions before the JSC one filed by Havi and the other by Christopher Rosana are based on Supreme Court rulings and the judges' constitutional mandate.

"Allowing the JSC to entertain, hear, or determine the two petitions would amount to a mockery of justice, as the constitution must be applied in a manner that upholds public interest and ensures that the integrity of the judiciary is not undermined," Koome argued.

Justice Mwilu also contended that the petitions challenge decisions made collectively by all Supreme Court judges in their official roles.

She dismissed the complaints as unsubstantiated, linking them to hearsay and speculation from social interactions between Havi and Senior Counsel Ahmednasir.

"These claims lack a solid foundation as they are not supported by evidence," Mwilu stated.

Justice Ibrahim reinforced the position that the JSC has no jurisdiction over the petitions, further intensifying the standoff between the judiciary and the commission