The Judicial Service Commission (JSC) has issued the way forward regarding the ouster of Chief Justice Martha Koome and other judges regarded as unfit to hold office.
In a statement on Tuesday, February 25, 2025, JSC said it is unable to continue with the ouster proceedings following orders issued by the courts after eight cases were filed in the High Court.
The chief justice and the judges of the Supreme Court are facing ouster cases over allegations of incompetence, misconduct and misbehaviour.
“Pursuant to Article 168 of the Constitution, the Judicial Service Commission (JSC) received the above petitions which sought to remove the Hon. the Chief Justice and judges of the Supreme Court from office, on account of allegations of alleged incompetence, misconduct and misbehaviour,” JSC stated.
“The Petitions, among other orders, seek to restrain the JSC from further processing the petitions and/or requiring the Judges to submit responses to the various allegations as contained in the petitions. Consequently, interim conservatory orders were issued, barring the JSC from further processing the petitions.”
JSC says it is now restrained from processing the subject petitions or commenting on the ongoing court cases.
“In view of the foregoing, and in compliance with the prevailing court orders, the JSC is now restrained from processing the subject petitions or commenting on the ongoing court cases,” JSC added.
“The JSC, in promoting and facilitating the independence and accountability of the Judiciary, shall therefore defend the matters in court and assert its mandate to exercise its constitutional functions under Articles 168, 172 and 252 of the Constitution. We reiterate the Commission’s commitment in respecting the rule of law and discharging its mandate without fear, favour or ill-will.”
Gachagua on Koome ouster
This comes days after former Deputy President Rigathi Gachagua claimed that President William Ruto is behind the plot to remove Koome from office.
Speaking during a church service at AIPCA Antubetwe Kiongo Church in Igembe North, Meru County on Sunday, February 23, 2025, Gachagua warned that Ruto should not set foot in Meru if Koome is ousted before her term ends.
“These Meru people have been taken for granted for too long. It must come to an end. Rais amepanga kufukuza Chief Justice Martha Koome. Ameanza na Rigathi Gachagua, amemfukuza. Akarudi akafukuza Mithika Linturi. Sasa amepanga njama ya kumfukuza Martha Koome. Amepanga pale kortini, anahonga watu kufukuza Koome,” Gachagua said.
“Anataka akifukuza hawa watu amalize biashara zote za watu wa Mlima Kenya. Lakini mimi nakwambia rais, ukifukuza Martha Koome, usikanyage hapa Meru. Ulifukuza Rigathi Gachagua watu wa Mlima wakanyamaza, ukafikiria ni waoga. Tunakwambia rais; wewe panga njama ufukuze Martha Koome na wewe ukae Nairobi usikanyage hapa Meru tena!”
Gachagua says he will lead demonstrations against the government in Meru in case the chief justice is removed from office prematurely.
“Huyu mama akifukuzwa, nipige firimbi mtoke kwa barabara. Mtatoka hamtatoka? We are not going to sit again as William Ruto destroys the leadership of the Mt Kenya region. It is too much. Pahali huyu rais ametufikisha sasa, it is too much.”
Francis Muli
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