The High Court has made a significant decision that continues to block the Judicial Service Commission (JSC) from holding hearings against Chief Justice Martha Koome and several Supreme Court judges.
This order, upheld by Judge Lawrence Mugambi, also includes Justices Isaac Lenaola, Smokin Wanjala, William Ouko, and Njoki Ndung’u.
Judge Mugambi has asked everyone involved to submit their responses about an application to form a judicial bench to deliberate these cases. This decision hasn’t gone unnoticed and has drawn criticism from prominent lawyers and regular Judiciary critics Nelson Havi and Ahmednasir Abdullahi.
They are concerned about the focus on the empanelment request, especially since the Chief Justice is a party in the proceedings.
In the midst of these legal maneuvers, Lawyer Ochieng Oduol is calling for professionalism, urging his colleagues to maintain court decorum. The High Court has emphasized the importance of considering the pending applications carefully.
Nelson Havi has made it clear that he plans to challenge the court’s ruling. He believes the Chief Justice shouldn’t be appointing judges for a case in which she’s directly involved. He’s already filed a preliminary objection, arguing that the High Court doesn’t have jurisdiction over matters involving judges and that the JSC should be allowed to proceed with its hearings.
Due to some internet connectivity issues, the court has decided to hear the case in an open court setting. Additional motions have been filed, including requests for joinder and the examination of Justice Lenaola. The case is scheduled for mention on the 28th of this month.
Previously, Lawyer Ahmednasir Abdullahi had urged the court to speed up the hearing process. It’s a complex situation, and all eyes are on how it unfolds.
