Chief Justice Martha Koome has asked the court to grant orders prohibiting the Judicial Service Commission (JSC) from listening to any petitions against Supreme Court judges.

While suing the JSC on Friday, February 21, Koome termed the recent move by the Commission to listen to petitions seeking the removal of Supreme Court judges as a 'mockery of the justice system'. 

Koome was joined by Deputy Chief Justice Philemona Mwilu and fellow Supreme Court judge Njoki Ndung’u in suing the JSC arguing that the Commission had no authority to review the decisions and/or judges of the Apex Court.

“The 1st Respondent (JSC) has no jurisdiction whatsoever to entertain any petition with regard to a Court, whether disguised as a petition initiated against all the members constituting the said Court individually or against the Court itself,” Koome stated in her petition filed to the High Court. 

Chief Justice Martha Koome during a review of the anti-corruption strategic guiding framework in Nairobi on February 18, 2025.

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NCAJ

“Indeed, it is the Supreme Court which has the ultimate authority over the 1st Respondent on matters of removal of Judges of Superior Courts,” she added.

The latest development comes amid rising tension in the Judiciary with Supreme Court judges in the spotlight after a petition seeking their removal was filed by a section of prominent city lawyers led by lawyer Nelson Havi.

Havi filed a petition on January 10, seeking the removal of CJ Koome, Deputy Chief Justice Philomena Mwilu, and Supreme Court Judges Mohammed Ibrahim, Smokin Wanjala, Lady Justice Njoki Ndungu, Isaac Lenaola, and William Ouko.

Consequently, the JSC confirmed receipt of the petition and kickstarted the process that might lead to the removal of the seven-judge bench of the Apex court. 

Speaking on Thursday, January 16, after a meeting with the JSC members, JSC Vice Chairman Isaac Ruto revealed that the allegations would be considered on their merit before recommendations are submitted to President William Ruto.

However, the JSC was dealt a blow after the High Court in Narok issued a stay order stopping the implementation of the decision by the JSC that required the seven Supreme Court judges to respond to a petition seeking their removal.

Justice Charles Kariuki, in a ruling dated February 18, halted further proceedings against Chief Justice Martha Koome alongside six other judges pending the hearing and determination of the petitions.

"The grant of leave herein is to operate as a stay to stop the implementation of the decision by the respondent requiring the seven judges to submit responses in respect of any other petition whatsoever," the High Court ruled.

The Judicial Service Commission is mandated to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective, and transparent administration of justice under Article 172 of the Constitution of Kenya 2010.

In its aim to promote accountability in the Judiciary, the JSC receives complaints against, investigates, and removes from office or otherwise discipline registrars, magistrates, other judicial officers, and other staff of the Judiciary.

In a bizarre twist, Koome has now sued the body that she heads as the Chair. Further, the JSC was the body responsible for her appointment as it conducts interviews of persons interested in the CJ and later forwards them to Parliament for vetting and approval.

Supreme Court judges, from left: Justices Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (DCJ), Martha Koome (CJ), Ibrahim Mohammed, Njoki Ndungu and William Ouko outside the apex court premises.

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Judiciary