Chief Justice Martha Koome has moved to the High Court seeking an urgent suspension of ongoing proceedings at the Judicial Service Commission (JSC) regarding petitions calling for her removal from office.
In court documents filed at the Milimani Law Courts, Koome argues that the JSC lacks the constitutional mandate to hear such claims against her or any Supreme Court judge. She contends that the removal of a judge is strictly defined under Article 168(1) of the Constitution, which outlines grounds such as mental or physical incapacity, bankruptcy, incompetence, or gross misconduct none of which, she asserts, apply to her case.
Koome further states that the JSC has no jurisdiction over decisions made by the Supreme Court in the lawful execution of its duties, as provided under Article 163 of the Constitution. She maintains that allowing the JSC to proceed with the matter would undermine judicial independence and erode public confidence in the institution.
The two petitions in question were filed by city lawyer Nelson Havi and Christopher Rosana. Havi’s petition challenges the Supreme Court’s handling of the March 2022 Building Bridges Initiative (BBI) ruling, while Rosana’s petition opposes the JSC’s ban on the Ahmednasir Abdullahi law firm, a move Koome believes requires judicial review.
The JSC has already instructed Koome to respond within 21 days, with the deadline set for Monday, February 24. She warns that failure to halt the proceedings could lead to the JSC recommending her removal to the President, which she argues would cause irreversible damage to the judiciary.
The CJ now seeks an urgent court order suspending further proceedings to protect the integrity of the judiciary and ensure adherence to constitutional provisions governing judicial processes
