High Court blocks JSC move to have tribunal investigate Justice Ombwayo

The High Court has prevented the Judicial Service Commission (JSC) from moving forward with plans to have a tribunal investigate Justice Anthony Ombwayo, according to a three-judge bench of Onesmus Makau, Jemimah Keli, and Jacob Gakeri. The bench ruled against the JSC's decision to petition the President for the tribunal formation, deeming it improper and contrary to constitutional provisions.

The dispute arises from proceedings involving land matters that Justice Ombwayo presided over at the Nakuru High Court. Dissatisfied with his ruling, the petitioners pursued an appeal and a stay of the decision, which was later denied. The petitioners had also sought to have Ombwayo recuse himself from the case, but the judge deemed their request insufficiently supported.

Following their dissatisfaction, the petitioners approached the JSC to take disciplinary action against the sitting judge. However, the court has now temporarily halted the JSC's request, pending further legal proceedings. The case highlights the constitutional procedures for disciplining serving judges and the role of the JSC in such matters.