May 6, 10:32 AM

Kenya’s Chief Justice Martha Koome Appoints Three-Judge Bench to Hear Removal Petitions as JSC Barred from Entertaining Cases

Kenya's Chief Justice Martha Koome has appointed a three-judge bench to hear consolidated petitions seeking the removal of herself and several other Supreme Court judges. The Supreme Court has barred the Judicial Service Commission (JSC) from entertaining these petitions pending the hearing and determination by the appointed bench. The petitions challenge the removal of five Supreme Court judges and also include seven petitions directed at Chief Justice Koome. The bench is set to examine whether the JSC followed proper procedures, including the determination of a prima facie case before requiring responses from the judges, as referenced in the precedent set by the Hellen Wasilwa v JSC case. Meanwhile, Justice Anthony Ombwayo of the Environment and Land Court in Nakuru is expected to be a test case in addressing judicial misconduct, with indications that further cases may follow if the JSC fails to effectively manage allegations of gross misconduct and misbehavior among judges. Separately, Waqf-related petitions are to be taken up by a bench led by the next Chief Justice, and a three-judge bench has been designated to hear review pleas against the 2022 verdict on the Prevention of Money Laundering Act (PMLA).