The Judicial Service Commission (JSC) has decided not to hear petitions seeking the removal of the Chief Justice and Supreme Court judges.
This comes after the commission received temporary court orders preventing it from proceeding with three petitions that had already been filed.
JSC Vice Chair Isack Rutto explained that these orders meant the commission could not continue with the cases until the courts gave further direction.
This decision provides a temporary sigh of relief for the Chief Justice and the Supreme Court judges who were facing allegations of incompetence, misconduct, and misbehavior.
The commission made this resolution following a day-long meeting on Tuesday, during which it considered the legal implications of the court orders.
The affected judges had moved to court and secured conservatory orders, effectively pausing the JSC proceedings that were meant to determine their fate.
According to Isack Rutto, a total of eight petitions were filed, including six that came from Supreme Court judges themselves.
These judges argued that the JSC did not have the constitutional authority to hear claims against them. Their legal action successfully stopped the commission from going forward with the removal process, at least for now.
Among those pushing for the removal of the Supreme Court judges are well-known legal professionals and politicians. Lawyers Nelson Havi and Ahmednasir Abdullahi, as well as former Rarieda MP Raphael Tuju, have been at the forefront, accusing the judges of serious misconduct and incompetence.
Their applications were expected to be heard by the JSC before the court intervened.Despite this setback, the JSC insists that it will continue to defend its mandate in court.
It has vowed to assert its authority as granted by the Constitution under Articles 168, 162, and 252. These provisions define the grounds for removing judges, outline the JSC’s responsibilities, and affirm its independence as a constitutional commission.
For now, the matter remains in court, and the fate of the Supreme Court judges hangs in the balance. The temporary orders give them some breathing room, but the legal battle is far from over.
The JSC, on the other hand, is determined to proceed with its role once the court clears the way.
The coming weeks will likely determine whether the judges will face a full hearing or if the legal challenges will continue to delay the process.
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