The High Court has dismissed an application seeking to bar Chief Justice Martha Koome from empanelling the bench handling the petition relating to Judicial Service Commission proceedings.
The petitioner had argued that the Chief Justice should not have appointed the bench due to alleged proximity to the JSC matter and claimed the task should have been handled by the Deputy Chief Justice.
They further alleged that two of the empanelled judges received their appointments through the Chief Justice and were therefore unsuitable.
In its ruling, the court found no evidence to support the claims, holding that the allegations were unproven and had no legal basis.
The judges noted that the assertions relied on conjecture and did not demonstrate any conflict of interest or improper influence.
The bench adopted the respondents’ position that the application was unsupported and lacked merit, concluding that the empanelment was lawful and properly constituted.
The dismissal clears the way for the substantive hearing of the petition on the JSC proceedings.
By Andrew Kariuki
