NAIROBI, Kenya- Deputy Chief Justice Philomena Mwilu and four other Supreme Court judges have successfully obtained court orders suspending Judicial Service Commission (JSC) proceedings seeking their removal.
The move, which also benefits Justices Mohamed Ibrahim, Isaac Lenaola, William Ouko, and Chief Justice Martha Koome, temporarily halts efforts to oust them from the bench.
The orders, issued separately by Justices Bahati Mwamuye and Lawrence Mugambi, direct the involved parties—including the JSC, Nelson Havi, Ahmednasir Abdullahi, and Dari Limited—to respond by March 3, ahead of scheduled hearings on March 5 and 6.
“Pending inter-partes hearing and determination of the applications, a conservatory order is hereby issued suspending the JSC petitions,” ruled Justice Mwamuye.
Reprieve for Supreme Court judges Philemona Mwilu and Mohammed Ibrahim after High Court issues orders staying proceedings before the JSC
A Battle Over Judicial Independence
At the heart of this legal standoff is the claim that the JSC lacks the mandate to scrutinize Supreme Court decisions.
CJ Koome argues that the commission cannot override or question rulings made by the highest court in the land.
She warns that allowing the JSC to entertain these petitions would set a dangerous precedent, undermining judicial authority and exposing judges to politically motivated attacks.
“The Constitution does not grant the JSC powers to intervene or determine issues related to Supreme Court decisions, whether judicial, functional, or institutional,” Koome stated in her petition.
Justice Lenaola took an even stronger stance, accusing the JSC of failing to protect judges from targeted public vilification under the guise of freedom of expression.
He insists that the ongoing petitions amount to a direct assault on judicial independence, orchestrated through sensational claims lacking legal basis.
“These actions threaten to abolish the Supreme Court by seeking to remove its entire bench through unconstitutional means,” Lenaola argued.
Unfounded Allegations or Genuine Concern?
The JSC proceedings stem from complaints filed by lawyer Nelson Havi and Christopher Rosana, who challenge decisions made by the Supreme Court.
Justice Mwilu, however, dismissed these claims as unsubstantiated gossip linked to senior counsel Ahmednasir Abdullahi’s allegations.
“These claims lack a solid foundation as they are not supported by evidence,” she asserted.
Justice Mohamed Ibrahim echoed this sentiment, questioning the JSC’s jurisdiction over the matter.
Similarly, Justice William Ouko accused the commission of contradicting its constitutional duty, arguing that its actions subject judges to public humiliation without due process.
With the court set to revisit the matter in early March, this battle between the Supreme Court and the JSC is far from over.
For now, Kenya’s top judges have secured a legal shield—but whether it holds, remains to be seen.
