Nairobi — Kenya’s High Court has extended orders blocking the Judicial Service Commission (JSC) from acting on petitions that seek to oust Chief Justice Martha Koome and six of her colleagues from the Supreme Court.
A panel of three judges ruled on Thursday that the interim orders would remain in force until July 4. The extension buys time for a legal battle that has put the country’s top judges in the unusual position of defending themselves before the courts they serve.
The petitions filed by former Law Society of Kenya president Nelson Havi and 15 others call for the removal of nearly the entire Supreme Court bench. The claims stem from decisions made in politically sensitive cases, including last year’s disputed presidential election ruling.
Justice Charles Kariuki, who led the bench alongside Justices Lawrence Mugambi and Bahati Mwamuye, said the matter was too complex to rush. “These are weighty constitutional questions that touch on the independence of the judiciary,” he noted.
The court also allowed Chief Justice Koome and four of the named judges more time to amend their filings. Their lawyers, led by Julius Kemboi, argued that new developments needed to be added to their case before hearings proceed.
“We requested the court’s indulgence to ensure that all relevant issues are before the bench,” Kemboi said after the hearing.
In a move that could simplify proceedings, the judges agreed to merge all the related petitions. This followed a request by Mr. Havi, who wanted clarity on whether the judges’ individual responses would be heard separately or combined.
The decision means that the accusations against the judges and their defenses will be heard as one case. The court said the matters raised are deeply connected and would be best addressed together.
The JSC and the Attorney General, represented by Senior Counsel Emmanuel Bitta, did not oppose the consolidation or the request for more time to amend pleadings.
All parties have been given strict deadlines. The court directed the Deputy Registrar to complete the list of parties in the case by May 19. Final written submissions from the judges, the JSC, and the AG must be filed by May 21. The state’s responses are due by May 25.
At the heart of the case is a growing debate about judicial accountability versus judicial independence. Critics of the Supreme Court say judges must be held to account, while defenders warn that the petitions are part of a broader push to intimidate the courts.
The Judicial Service Commission has not commented publicly on the matter, though insiders say the institution is walking a fine line under pressure to act, but wary of undermining the very courts it serves.
With the next hearing still weeks away, legal observers say the case could become one of the most consequential constitutional tests Kenya has faced in recent years.
For now, the country’s highest judges remain in place. But the shadow of political interference continues to loom large over Kenya’s judiciary.
