High Court quashes JSC notices against seven Supreme Court judges

The High Court in Kenya has overturned notices issued by the Judicial Service Commission (JSC) to seven Supreme Court judges, stating that the commission had failed to properly assess the complaints before initiating the removal process. A three-judge panel comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye declared the JSC's communications and directions unconstitutional and null and void.

The decision impacts complaints against Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and six other Supreme Court judges. The court found that the JSC did not conduct a necessary preliminary evaluation of the complaints, which is required under Article 168 of the Constitution. This assessment is crucial to determine if a complaint meets the constitutional threshold for removal and to prevent frivolous or vexatious complaints from subjecting judges to unnecessary proceedings.

The JSC's collective handling of the seven judges through an omnibus process was also criticized, as the court deemed it improper. The court further questioned whether the JSC had properly convened a subcommittee to consider the complaints and make recommendations. While the ruling does not strip the JSC of its constitutional duty to receive and consider complaints against judges, it emphasizes that this mandate must be exercised within the confines of the Constitution and the law, including the principles of fair administrative action.