Chief Justice removal process open to political manipulation – IEA warns

The Institute of Economic Affairs (IEA) has urged a revision of Article 146 of the 1992 Constitution to strengthen the process for removing Superior Court judges, especially the Chief Justice. In a constitutional review statement released on September 2, 2026, the IEA criticized the existing provisions, stating they lacked specificity and were prone to political manipulation. The IEA contends that the current provisions are insufficient and susceptible to political interference in how removal petitions should be handled.

The Constitution Review Committee, under the chairmanship of Professor H. Kwasi Prempeh, proposed a more structured procedure for the removal process. This includes guidelines for petition submission, preliminary determination of a prima facie case, suspension of judges, establishment of tribunals, and timelines for completing proceedings.

While the government acknowledges the need for greater clarity and timeliness, it prefers to address these issues through subsidiary legislation or procedural rules under the existing constitutional framework. However, the IEA argues that these safeguards should be directly incorporated into the Constitution.

The IEA suggests looking at the procedures outlined in Article 168 of Kenya's Constitution, which establishes an independent Judicial Service Commission responsible for the removal process. This includes detailed procedures for handling cases against judges. The IEA also proposes an intermediate disciplinary system for misconduct that warrants a formal sanction but does not necessitate removal from office.

Such reforms, according to the IEA, would enhance transparency, limit opportunities for political influence, and safeguard the independence of the judiciary.