The High Court Wednesday extended orders barring the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Chief Justice Martha Koome and other Supreme Court judges.
The other supreme court judges shielded from the ongoing proceeding before the JSC are Justices Isaac Lenaola, Smokin Wanjala, William Ouko, and Njoki Ndung’u.
Justice Lawrence Mugambi further directed all parties to file their responses to an application seeking the formation of a bench to hear the case.
However, this decision was met with objections from lawyers Nelson Havi and Ahmednasir Abdullahi.
“This is a circus your honour. We reject these orders,” Havi said.
Ahmednasir said the orders issued by Mugambi were a deliberate ploy to delay the case.
Lawyer Ochieng Oduol intervened and urged lawyers to behave in decorum and respect the court.
According to the Havi and Ahmednassir the empanelment application should not be prioritized when the Chief Justice herself is a party to the proceedings.
Havi noted that the directions will be appealed upon saying that the CJ can’t appoint judges to hear the matter because she is subject to the same.
Havi, who has already filed a preliminary objection, argued that the High Court lacks jurisdiction over the matter and that the JSC should be allowed to proceed with the cases.
Ahmednasir on his part claimed that this is no ordinary litigation and that the urgency of the matter requires an expedited hearing process.
He argued that the entire case should be heard and determined within the shortest time possible.
“This is not an ordinary case. We are dealing with a situation where a High Court judge has issued orders against the Chief Justice and Supreme Court judges, effectively halting a constitutional process,” said Ahmednassir.
“The court must take firm control and set strict timelines, ensuring all documents are filed quickly so that the matter can proceed without delay.”
Ahmednasir also argued that the case should be heard in a manner that maintains transparency while avoiding excessive media spectacle.
He proposed that all preliminary objections be set aside, and instead, all issues be heard and determined together.
“We cannot afford the luxury of waiting for those who choose to file their responses at their own pace. The entire process should be concluded within 14 days of CJ Koome’s filing. The court must provide a clear schedule, including a date for submissions and judgment,” argued Havi.
Justice Mugambi has scheduled the matter for mention on March 28, 2025.
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