The Judicial Service Commission (JSC) has decided to suspend hearings on petitions calling for the removal of the Chief Justice and several Supreme Court judges.
This move follows the issuance of interim court orders that prevent the commission from advancing with the three petitions currently before it.
JSC Vice Chair Isack Rutto announced the decision after a comprehensive meeting on Tuesday, emphasizing that the commission will adhere to the court’s directives obtained by the judges facing removal challenges. This development offers temporary relief to the Chief Justice and the Supreme Court judges, whose positions were under scrutiny.
A total of eight petitions have been filed, with six originating from Supreme Court judges themselves. These petitions resulted in conservatory orders that bar the JSC from continuing with the cases. Had the hearings proceeded, the judges would have had to address serious allegations, including incompetence, misconduct, and misbehavior.
The Supreme Court judges took legal action, arguing that the JSC does not possess the constitutional authority to adjudicate these claims against them. The petitions were initiated by prominent lawyers Nelson Havi and Ahmednasir Abdullahi, along with former Rarieda MP Raphael Tuju, who accused the judges of serious professional misconduct.
Despite the current pause in proceedings, the JSC has affirmed its commitment to defend its position in court and uphold its constitutional responsibilities as outlined in Articles 168, 162, and 252 of the Constitution, which detail the grounds for judicial removal, the JSC’s roles, and its independence.
As the situation unfolds, the JSC’s stance and the judges’ legal battles will continue to capture public attention, highlighting the complexities of judicial accountability and governance in Kenya.
