JSC halts hearing petitions against Supreme Court judges
The move grants temporary relief to the affected judges, who had secured conservatory orders to stop their removal through the JSC process.
The Judicial Service Commission (JSC) has halted the hearing of petitions seeking the removal of the Chief Justice and Supreme Court judges, citing interim court orders that bar it from proceeding with the cases.
JSC Vice Chair Isaac Rutto confirmed the decision following a meeting during which the commission resolved to comply with the court's directive.
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The move grants temporary relief to the affected judges, who had secured conservatory orders to stop their removal through the JSC process.
"The commission has resolved to comply with the interim court orders restraining us from proceeding with the three petitions before us," Rutto said.
Legal battle
The legal battle stems from a total of eight petitions, six of which were filed by Supreme Court judges themselves.
The petitions challenged the JSC’s authority to hear cases against them, leading to court orders that temporarily halted the commission’s proceedings.
The petitions for the removal of Supreme Court judges were initiated by lawyers Nelson Havi and Ahmednasir Abdullahi, along with former Rarieda MP Raphael Tuju.
The petitioners accused the judges of gross misconduct, incompetence, and misbehaviour. If the cases were heard, the judges would have been required to respond to these allegations.
The Supreme Court judges turned to the courts to suspend JSC proceedings, arguing that the commission lacked the constitutional mandate to handle claims against them. Their legal challenge raises questions about the extent of JSC’s authority in judicial disciplinary matters.
Despite the court's intervention, the JSC said it remains firm in its stance.
"The commission will defend these matters in court and assert its mandate to exercise its constitutional functions under Articles 168, 162, and 252 of the Constitution," the JSC said.
The provisions define the process of removing judges, outline the commission's role, and safeguard its independence.
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