The High Court has granted Chief Justice Martha Koome and her fellow Supreme Court judges temporary relief by extending orders that prevent the Judicial Service Commission (JSC) from proceeding with petitions seeking their removal. The orders, issued on Wednesday, March 5, will remain in effect until March 28.
This new extension gives CJ Koome and her colleagues more time, as the previous court orders had scheduled the hearing for March 12. The ruling, delivered by Justice Lawrence Mugambi, follows an earlier decision on February 21, when the court barred the JSC from acting on the petitions filed against the embattled Chief Justice and her fellow Supreme Court judges.
Notably, the ruling by Justice Mugambi came just two days after another court in Narok issued a similar directive. The case stems from a petition filed by Supreme Court Judge Njoki Ndung’u, who sought court intervention to halt the removal process against all seven Supreme Court judges.
For months, tensions have been high within the Judiciary, with deep divisions between CJ Koome and her colleagues on one side and a group of prominent legal figures, led by former Law Society of Kenya (LSK) President Nelson Havi, on the other. The Judicial Service Commission has also been caught in the middle of the dispute.
The conflict began when Havi submitted a petition to the JSC, calling for the removal of all seven Supreme Court judges. In his petition, Havi urged the JSC to recommend to President William Ruto the formation of a tribunal to investigate the judges and initiate their dismissal. He accused them of gross misconduct, incompetence, and other serious violations.
Havi’s petition was submitted just a day after he had publicly demanded CJ Koome’s resignation, giving her a 24-hour ultimatum to step down. He also warned that the other Supreme Court judges should support his call for her resignation, or they too would face removal.
Following Havi’s petition, the JSC officially acknowledged receiving the complaints and began the process that could have led to Koome’s dismissal. Speaking on Thursday, January 16, after a meeting with JSC officials, Vice Chairman Isaac Ruto confirmed that the petition had been received and stated that the commission would carefully examine the allegations before forwarding any recommendations to President Ruto.
However, CJ Koome and her colleagues swiftly reacted to the JSC’s move by filing a case in court to prevent the commission from proceeding with the petitions. While lodging the case on Friday, February 21, Koome strongly criticized the JSC, arguing that its decision to entertain petitions seeking the removal of Supreme Court judges was a “mockery of the justice system.”
The ongoing battle within the Judiciary has captured the attention of many Kenyans, with widespread speculation that the attempt to remove CJ Koome and her fellow judges is politically driven. As tensions escalate, the country waits to see how the high-stakes standoff will unfold and whether any side will back down in this intense legal and political showdown.
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