The Supreme Court judges got a reprieve after the High Court prohibited the Judicial Service Commission (JSC) from directing Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and five other Supreme Court judges to respond to petitions filed against them.
The Narok High Court also stopped the JSC from continuing with charges or proceedings against the Supreme Court judges pending hearing and determination of the application.
Justice Charles Kariuki issued the ruling after certifying an application as urgent after establishing a prima facie case on the same.
The court granted Pariken Ole Esho leave to file judicial review proceedings against the JSC, Dari Limited, and other respondents.
Esho in his application, claimed that the JSC’s directive requiring judges to respond to petitions lacked clear procedural guidelines.
In his decision, Justice Kariuki, granted leave to the applicant to nullify the January 27, decision directing Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Susana, Isaac Lenaola, and William Ouko to respond to petitions filed against them.
Ole Esho’s application sought to have this directive quashed and to halt related proceedings against the judges.
The court also granted leave to seek an order of mandamus compelling the JSC to establish clear procedural rules that are consistent with constitutional principles before proceeding with disciplinary proceedings against judges.
The court also ruled that the grant of leave will act as a stay, suspending the JSC decision and any related proceedings until the substantive judicial review application is heard and determined.
Justice Kariuki ordered that the application be filed within 21 days and served within 14 days of filing.
A mention is scheduled for March 12, 2025, to confirm compliance.
Costs for the application will be determined in the main hearing.
“The grant of leave herein is to operate as A STAY to stop the implementation of the decision by the Respondent requiring Her Ladyship Justice Martha Koome (CJ), Her Ladyship Justice Philomena Mwilu (DCJ), His Lordship Justice Mohamed Ibrahim (SCJ), His Lordship Justice Smokin Wanjala (SCJ), Her Ladyship Justice Njoki Susana (SCJ), His Lordship Justice Isaac Lenaola (SCJ) and His Lordship Justice William Ouko (SCJ) to submit responses in respect of JSC PETITION NO. 35 OF 2024, JSC PETITION NO. 72 OF 2024 AND JSC PETITION NO. 3 OF 2025 or any other Petition whatsoever either before it or at all and to Stop any such further proceedings against the said Seven Judges of the Supreme Court of Kenya pending the hearing and determination of the Substantive Judicial Review proceedings to be filed following the grant of leave herein,” ruled Kariuki.
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