By Michelle Ndaga
Chief Justice Martha Koome and six Supreme Court judges have survived fresh attempts to oust them, after the High Court dismissed multiple petitions seeking their removal from the Judicial Service Commission (JSC).
The ruling has effectively blocked the JSC from moving forward with disciplinary hearings, with the court extending interim conservatory orders that had already barred the commission from entertaining such petitions pending judicial review.
In its decision, the court also consolidated the petitions, citing overlapping constitutional questions. Chief Justice Koome empanelled a three-judge bench comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye to preside over the case, in line with Article 165(4) of the Constitution, which requires complex matters of great public interest to be heard by an uneven-numbered bench.
The petitioners, among them former Law Society of Kenya president Nelson Havi, accuse the judges of gross misconduct and constitutional violations. However, critics of the ruling have branded the court’s move as judicial protectionism, arguing that it shields the top judiciary from accountability. Opposition leaders have gone further, alleging government interference in the judicial process to protect Koome and her colleagues.
With the bench now in place, the case will proceed to formal hearings. The outcome is expected to be a major test for the judiciary, as it balances constitutional accountability with the preservation of judicial independence.
Political tensions remain high, with the controversy underscoring the delicate relationship between Kenya’s judiciary, executive, and opposition in a charged political climate.
