Koome's office given 30 days to respond on petition challenging judicial reforms

During a mention before Justice Gregory Mutai, the petitioner, Katiba Institute, through its lawyer Malidzo Nyawa, opposed the request for more time, telling the court that the delay had become a pattern since 2025.

“Unfortunately, that has been the story since 2025. They have consistently asked for more time, even one year later,” Nyawa submitted.

He urged the court that if additional time was to be granted, it should be conditional upon the JSC filing a replying affidavit within the stipulated period.

Counsel for the respondent, however, defended the request, stating that the commission required adequate time to comprehensively respond to the issues raised in the petition.

“If possible, this matter should be resolved as soon as possible in the best interest of our client. To properly address the issues raised, we are requesting 30 days to prepare a detailed response that may assist in settling the matter,” the JSC lawyer told the court.

In its earlier orders, the High Court issued conservatory orders halting the implementation of several provisions of the Fair Administrative Action Rules, 2024 which contained multiple reforms for the judiciary. The suspended provisions in rule 5, 6, 7, 11(4), 27(3), and 33 include requirements compelling parties to notify respondents before initiating judicial review proceedings.

Katiba Institute argues that these rules impose unjustified procedural hurdles and undermine the right to access justice as guaranteed under the Constitution of Kenya, 2010.

The court is expected to give further directions after the expiry of the 30 days.