The Judicial Service Commission (JSC) is currently facing scrutiny following a petition seeking the removal of several Supreme Court justices, including Justice Isaac Lenaola who has raised objections over being included in the petition.
The petition is associated with a high-profile case involving Dari Limited and the East African Development Bank.
In JSC Petition No. 35 of 2024, filed against Deputy Chief Justice Philomena Mwilu, Justice Njoki Ndung’u, Justice Smokin Wanjala, Justice Mohammed Ibraahim, and Justice William Ouko, allegations have been raised regarding their handling of Supreme Court Petition No. E012 of 2023 and Application No. E017 of 2023.
Justice Lenaola has filed a preliminary objection to the petition, arguing that he was not involved in the proceedings and was not part of the bench that heard the case presented to the JSC for potential removal.
Lenaola Cites Error in JSC Removal Petition
According to court documents, Lenaola had been formally discharged from the matter by the complainant; however, the JSC still requested a response from him regarding the issue.
Lenaola asserts that the JSC did not thoroughly review the relevant documents and details of the petition.
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He emphasizes that he was not part of the bench involved in the case. Through his legal team, Marende & Nyaundi Associates, Justice Lenaola contends that the petition is misdirected and fails to meet the constitutional threshold required for the removal of a judge under Article 168(1) and (2) of the Constitution.
His objection points out that seeking the collective removal of Supreme Court judges undermines judicial independence and disregards the due process established by law.
Supreme Court Judge Responds to Havi’s Petition
In another JSC Petition of No. 3 of 2025, filed by former Law Society of Kenya President Nelson Havi, Lenaola argues that the complaint against him is sub judice, citing multiple pending cases that address similar issues.
He highlighted that the matter is already under litigation in various high-profile petitions, including:
- Petition E026 of 2024 (Law Society of Kenya v. Supreme Court of Kenya & another),
- Petition E033 of 2024 (Dr. Felix Otieno Odhiambo v. Chief Registrar of the Judiciary & Others), and
- Petition E048 of 2024 (Ahmednasir Abdullahi Advocates LLP v. Lady Justice Martha Koome).
Justice Lenaola further pointed out that a jurisdictional challenge raised in Petition E026 of 2024 was dismissed, leading to the filing of Civil Application No. E397 of 2024 (Supreme Court of Kenya & Others v. Law Society of Kenya), which resulted in an order to stay further proceedings. An appeal on the jurisdictional ruling is also pending before the Court of Appeal under Civil Appeal No. E615 of 2024.
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Additionally, Lenaola argued that the JSC lacks the constitutional authority to conduct a merit review of decisions issued by the Supreme Court, referencing key cases such as Supreme Court Petition No. 47 of 2019 (Geo Chem Middle East v. Kenya Bureau of Standards) and Petition E011 of 2023 (Kenya Airports Authority v. Otieno Ragot & Company Advocates).
He also contended that the complaint against him violates Article 160 of the Constitution, which guarantees judicial independence and immunity. Lenaola accused the JSC of overstepping its mandate by entertaining a petition that does not meet the constitutional requirements for the removal of judges as outlined in Article 168(1) and (2).
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