Nairobi High Court Blocks JSC from Hearing Petitions to Oust CJ Koome and Supreme Court Judges
The High Court in Nairobi has stopped the Judicial Service Commission (JSC) from reviewing petitions seeking the removal of Chief Justice Martha Koome and six Supreme Court judges, offering a temporary reprieve to the judiciary’s top officials.
Justice Lawrence Mugambi issued the ruling on Friday, February 21, just two days after a similar order was granted by a court in Narok.
The decision follows a petition by Justice Njoki Ndung’u, who asked the court to halt proceedings aimed at ousting the seven judges.
In his ruling, Justice Mugambi ordered a suspension of JSC Petition No. 35 of 2024—Dari Limited & 5 Others vs. Chief Justice Martha Karambu Koome & 6 Others—as well as JSC Petition No. 3 of 2025, filed by former Law Society of Kenya (LSK) President Nelson Havi. The suspension will remain in place until the case is fully heard and determined.
Havi’s Petition Against Supreme Court Judges
Nelson Havi filed a petition on January 13, calling for the removal of CJ Koome, her deputy Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
His complaint accuses them of gross misconduct, particularly over the Supreme Court’s decision to ban lawyer Ahmednasir Abdullahi and his firm from appearing before them in January 2023.
In response, the JSC requested written explanations from the accused judges, sparking a legal battle between the Supreme Court and its oversight body.
Supreme Court Fights Back
On Friday, CJ Koome, Mwilu, and Ndung’u sued the JSC, arguing that the commission lacks the authority to review Supreme Court rulings or discipline its judges.
Koome insisted that the Supreme Court holds the final say over the JSC, not the other way around. She further criticized the JSC for entertaining petitions seeking to remove top judges, calling it a “mockery of justice.”
The legal fight escalated on Wednesday when the High Court in Narok issued an order blocking the JSC from forcing the judges to respond to the removal petitions.
Justice Charles Kariuki directed the commission to withdraw its demand for written responses from Koome, Mwilu, and the other judges.
Despite these rulings, the case is far from over. Justice Mugambi’s court will review the matter again on Wednesday, March 5, signaling a prolonged legal showdown between Kenya’s top judges and the JSC.
Nairobi High Court Blocks JSC from Hearing Petitions to Oust CJ Koome and Supreme Court Judges
