The Judicial Service Commission (JSC) has said it will not process the petitions that sought the removal of Chief Justice Martha Koome and the Supreme Court judges.

In a statement on Tuesday evening, JSC Vice Chairperson Isaac Rutto said that the Commission would adhere to the court orders restraining it from processing the petitions against the apex court judges.

Rutto disclosed that the JSC had recently received petitions seeking the removal of the seven Supreme Court judges on account of alleged incompetence, misconduct, and misbehaviour.

However, eight separate petitions were later filed in court to stop the JSC from processing the petitions requiring judges to submit their responses to the allegations.

A photo of the Supreme Court 'Naked Boy' Statue.

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Consequently, interim conservatory orders were issued by the High Court, barring the Commission from further processing the petitions.

“Given the foregoing, and in compliance with the prevailing court orders, the JSC is now restrained from processing the subject petitions or commenting on the ongoing court cases,” Rutto said.

While addressing the matter, the JSC Vice Chairperson reiterated that the Commission's role was to promote and facilitate the independence and accountability of the Judiciary.

He further stated that the Commission would, therefore, defend its mandate in court as outlined under Articles 168, 172, and 252 of the Constitution.

“We reiterate the Commission's commitment to respecting the rule of law and discharging its mandate without fear, favour, or ill will,” Rutto assured.

The Commission's announcement comes hardly a week after a High Court in Narok stopped the implementation of the decision by JSC that required the 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 conservatory orders followed an application by Pariken Ole Esho to stop the JSC, which sought to compel CJ Koome and the other six Supreme Court judges to respond to petitions against them over alleged gross misconduct.

"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 Milimani Law Courts building which hosts the High Court

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Office of the Registrar High Court