High Court Upholds Chief Justice Koome’s Bench, Rejects Challenge to JSC Hearing

The High Court has ruled in favor of Chief Justice Martha Koome, dismissing a challenge to the bench she appointed. The case involved a petition on Judicial Service Commission (JSC) proceedings.

A three-judge panel, comprising Justices Charles Kariuki, Lawrence Mugambi and Bahati Mwamuye, found the allegations against the bench to be baseless. The court said they lacked any legal foundation.

The petition argued that the Chief Justice should have recused herself. It suggested that the Deputy Chief Justice should have appointed the bench. Petitioners claimed the judges were possibly biased and lacked expertise. They also questioned the appointment process.

Two of the judges, sworn in 2022 and 2024, were described as junior. The petition suggested they might favor parties involved in the JSC proceedings.

The respondents rejected the claims. They said the petition was speculative and unsupported. They insisted the judges were independent and capable of giving a fair ruling.

The High Court dismissed the allegations as sensational. It stated all judges are equal in status. It called the concerns about independence and expertise misconceived.

The court said there was no need to refer the matter back to the Chief Justice. Reopening the issue would undermine the Constitution. It would also overstep the High Court’s jurisdiction.

Relying on the Court of Appeal’s Gachagua ruling, the judges said the empanelment process was lawful. They noted the question of empanelment was functus officio, already concluded. Any grievances should be addressed in the proper forum.

The ruling confirms the legitimacy of the bench. It allows the substantive hearing on the JSC petition to proceed. It also reinforces that Chief Justice Koome acted within her constitutional powers.