According to the post shared on X by Cyprian Is Nyakundi, Justice Dorah Chepkwony has received a temporary relief from the Nairobi High Court after Justice Bahati Mwamuye issued a conservatory order stopping the Judicial Service Commission (JSC) from proceeding with her removal.
This ruling marks another setback for the JSC, as it is the second time in less than a month that a court has halted its efforts to remove a judge.Justice Mwamuye’s order temporarily stops the proceedings in JSC Petition No. 29 of 2023, which was filed by Acorn Law Advocates LLP against Justice Chepkwony.
The court will determine the case on April 30, with virtual hearings set for April 7. Meanwhile, the petitioner, Kennedy Echesa, has been directed to serve all respondents and file an affidavit of service by the close of business.This is not the first time the JSC has faced legal resistance in its efforts to push for judicial removals.
Just two weeks ago, the High Court in Narok issued a stay order blocking the enforcement of a JSC decision requiring seven Supreme Court judges to respond to petitions seeking their removal. Justice Charles Kariuki, in an order dated February 18, put a hold on further proceedings against Chief Justice Martha Koome and six other judges.
The court ruled that the judges should not face removal proceedings until the judicial review applications filed against the JSC’s actions are heard and determined.
The JSC, through Vice Chairperson Isaac Ruto, has since acknowledged the court orders and stated that it will comply with the directives prohibiting it from advancing applications against the Supreme Court judges.
However, this development has not put an end to the scrutiny facing the judges.Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu are among the seven Supreme Court judges who have been accused of judicial misconduct, incompetence, and unethical behavior.
The other judges facing removal petitions are Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko. These judges have been criticized for their conduct on the bench, and various petitioners, including prominent lawyers Nelson Havi and Ahmednasir Abdullahi, as well as former Cabinet Secretary Raphael Tuju, have filed cases seeking their removal.
The ongoing legal battles highlight the growing tension between the judiciary and other institutions, particularly as the JSC attempts to discipline judges while the courts intervene to stop its actions.
The coming weeks will be crucial in determining whether Justice Chepkwony and the Supreme Court judges will face further disciplinary proceedings or if the courts will continue to shield them from the JSC’s efforts.
