The Judicial Service Commission (JSC) has issued a statement on the petitions to remove Chief Justice (CJ) Martha Koome and judges of the Supreme Court from office.
The statement dated February 25, JSC said the petitions accused the CJ and the judges of incompetence, misconduct and misbehavior.
JSC said eight High Court cases were instituted against it, the Attorney General and others in the course of processing the above petitions.
The petitions sought, among other orders, to restrain the JSC from proceeding with the cases and from requiring the judges to respond to the allegations raised.
As a result, the court issued interim orders barring any further action on the petitions.
Following the court’s directive, the JSC confirmed that it cannot proceed with the petitions or comment on the ongoing court cases.
However, the Commission affirmed its commitment to promoting and upholding the independence and accountability of the Judiciary.
It added that it will defend the matters in court and assert its mandate to fulfill its constitutional functions under Articles 168, 172, and 252 of the Constitution.
“In view of the foregoing, and in compliance with the prevailing court orders, the JSC is now restrained from processing the subject petitions or commenting on the ongoing court cases,” JSC said.
“We reiterate the Commission’s commitment in respecting the rule of law and discharging its mandate without fear, favour or ill-will.”
Also Read: How to Remove Martha Koome from Office: What the Law Says and Process
Court Blocks JSC Proceedings
The High Court in Nairobi has barred the JSC from considering petitions to remove CJ Koome and the Supreme Court judges.
Justice Lawrence Mugambi made the ruling on Friday, February 21, just two days after a Narok court issued similar orders.
Justice Njoki Ndung’u filed a petition asking the court to stop the petition seeking the removal of the seven Supreme Court judges.
The petition was filed by former Law Society of Kenya President Nelson Havi against the seven judges on January 13
This includes CJ Koome, deputy CJ Philomena Mwilu, and justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
Also Read: How JSC Erred in Petition to Remove Supreme Court Justice Lenaola
Gachagua Defends Gachagua
However, former Deputy President (DP) Rigathi Gachagua has accused President William Ruto of planning the removal of CJ Koome.
Gachagua alleged that President Ruto wants CJ Koome out for resisting political interference.
Additionally, he claimed that Ruto was blamed for failing to control Koome, who comes from his community.
“Ruto confided in me many times; he even quarreled with me that a ‘daughter’ from the mountain was being problematic and accused me of being unable to manage her to do things the way the president wants,” Gachagua claimed.
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