NAROK, Kenya – The High Court in Narok has temporarily halted the Judicial Service Commission (JSC) from compelling seven Supreme Court judges, including Chief Justice Martha Koome and her deputy, Philomena Mwilu, to respond to petitions filed against them.
Justice Charles Kariuki, ruling ex parte, certified the case as urgent and granted lawyer Pariken Ole Esho permission to file judicial review proceedings against the JSC, Dari Limited, and other respondents.
The judge’s decision provides temporary relief for the Supreme Court judges as legal wrangles over judicial accountability and procedural fairness continue.
At the heart of the dispute is the JSC’s January 27 directive requiring the judges to respond to multiple petitions—JSC Petition Nos. 35 of 2024, 72 of 2024, and 3 of 2025—without what the applicant claims are clear procedural guidelines.
In his ruling, Justice Kariuki allowed Esho to seek a court order quashing the JSC’s decision and compelling the commission to establish transparent procedural rules before initiating disciplinary proceedings against judges.
The court also prohibited the JSC from taking any further action against the Supreme Court judges until the judicial review case is determined.
The orders, which act as a temporary stay, mean the JSC cannot proceed with its directives until the court fully hears and decides on the matter.
The applicant has been given 21 days to file the substantive application, with all parties required to be served within 14 days.
A mention date has been set for March 12, 2025, to confirm compliance. The costs of the application will be determined at the main hearing.
