The High Court has ruled that a case brought by Supreme Court judges challenging the hearing of petitions for their removal from office raises significant legal questions and should be decided by a panel of judges. In a ruling delivered on Friday, Justice Lawrence Mugambi referred the matter to Chief Justice Martha Koome, instructing her to empanel a bench of an uneven number of judges to hear and determine the petitions.
The petitioners, including Chief Justice Koome and her fellow Supreme Court justices Njoki Ndung’u, Isaac Lenaola, William Ouko, and Smokin Wanjala, are challenging the process through which the Judicial Service Commission (JSC) is attempting to remove them from office. The matter was first raised when Justice Lenaola made an application for the case to be referred to the Chief Justice for the formation of a bench, citing the substantial issues of law involved.
The case, which centers on the removal of the Supreme Court judges, has garnered significant public interest. The petitioners argue that the judicial independence of the Supreme Court is at stake, as the JSC’s actions challenge the merits of decisions made by the apex court. Additionally, the petitioners raised concerns about the potential conflict of interest, particularly since the Chief Justice, who would be responsible for appointing the bench, is herself a party in the case.
Despite opposition from the interested parties, led by prominent lawyers Nelson Havi and Ahmednasir Abdullahi, Justice Mugambi ruled that the matter must be heard by an uneven number of judges. He emphasized that once the court certifies a matter as raising substantial legal questions, it is mandatory for the Chief Justice to assign the case to a panel of judges.
In his ruling, Justice Mugambi reassured that judges are bound by their constitutional duty and will not be influenced by the Chief Justice in their decision-making process. The outcome of this case, which addresses the very independence of the judiciary, is expected to have significant implications for the future of Kenya’s legal system.
