The High Court in Nairobi has granted a reprieve to Justice Dorah Chepkwony by issuing a conservatory order halting the Judicial Service Commission (JSC) proceedings seeking her removal.

In a ruling delivered by Justice Bahati Mwamuye at the Milimani High Court, the JSC suffered another setback, as this marks the second time in less than a month that a court has stopped it from proceeding with a judicial ouster case.

"Pending the inter partes hearing and determination of the Notice of Motion Application dated 4 March 2025, a conservatory order is hereby issued staying the proceedings in JSC Petition No. 29 of 2023, Acorn Law Advocates LLP v. Hon. Lady Justice Dorah Chepkwony," read part of Justice Mwamuye's ruling.

The petitioner, Kennedy Echesa, who moved to court seeking orders to stop the JSC from proceeding with the case, was directed to serve the respondents by the close of business on Wednesday.

Undated image of Justice Dora Chepkwony

Facebook

“The Petitioner/Applicant shall serve the Respondents and the Interested Party with the Application, Petition, and this Court Order immediately, and file an Affidavit of Service in that regard by close of business today,” Mwamuye added.

The ruling on the case will be delivered on April 30, whereas the hearings will be done virtually on April 7 this year. 

Mwamuye's orders come a fortnight after a 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 filed seeking to challenge their ouster. 

"Further, a leave is granted to stop any such proceedings against the said Seven Judges of the Supreme Court of Kenya pending the hearing and determination of the Substantive Judicial Review proceedings to be filed following the grant of leave herein," Justice Kariuki ruled.

Following the ruling, the JSC under the leadership of its Vice Chairperson Isaac Ruto, said that the Commission would adhere to the court orders restraining it from processing the petitions against the apex court judges.

The seven Supreme Court of Kenya judges, led by Chief Justice Martha Koome and Deputy Chief Justice Philomena Mwilu, along with Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko, have come under criticism over the conduct of the judiciary, incompetence, and misbehaviour. 

Lawyers, including Nelson Havi and Ahmednasir Abdullahi, as well as former Cabinet Secretary Raphael Tuju, have filed cases seeking their removal from office.

Justice Bahati Mwamuye of the High Court during a court session on Wednesday, November 27, 2024.

Kalonzo Musyoka