The High Court of Narok has granted temporary orders preventing the Judicial Service Commission (JSC) from compelling seven Supreme Court judges reply to petitions filed against them.
The court’s ruling grants a reprieve to Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Susana, Isaac Lenaola, and William Ouko as court disputes over judicial accountability and independence continue.
In his decision, Justice Kariuki granted the applicant leave to seek an order of certiorari to overturn the JSC’s decision of January 27, 2025, which required the judges to file responses in JSC Petition Nos. 35 of 2024, 72 of 2024, and 3 of 2025.
The court also granted leave to seek an order of mandamus instructing the JSC to create procedural guidelines in accordance with constitutional principles before proceeding with disciplinary proceedings against judges.
Further, an order of prohibition was imposed to prevent the JSC instituting proceedings against Supreme Court judges until the judicial review matter is completed.
The court granted leave, which serves as a stay and effectively suspends the JSC’s directive until the substantive judicial review application is heard and decided.
