Reprieve for 7 Supreme Court judges as High Court halts JSC proceedings against them

The ruling provides a reprieve to Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Susana, Isaac Lenaola, and William Ouko as legal battles over judicial accountability and independence continue.

Justice Charles Kariuki, sitting ex-parte, certified the matter as urgent and granted Pariken Ole Esho leave to file judicial review proceedings against the JSC, Dari Limited, and other respondents. 

The case, filed with a certificate of urgency, claimed that the JSC's directive requiring judges to respond to petitions lacked clear procedural guidelines.

In his decision, Justice Kariuki granted the applicant leave to seek an order of certiorari to overturn the JSC's decision of January 27, 2025, which required the judges to file responses in JSC Petition Nos. 35 of 2024, 72 of 2024, and 3 of 2025. 

The court also granted leave to seek an order of mandamus directing the JSC to establish procedural rules that are consistent with constitutional principles before proceeding with disciplinary proceedings against judges. 

Additionally, an order of prohibition was issued to prevent the JSC from continuing proceedings against Supreme Court judges until the judicial review case is resolved.

The court granted leave, which acts as a stay, effectively suspending the JSC's directive until the substantive judicial review application is heard and decided. 

The applicant must file the substantive application within 21 days of the ruling, with all parties served within 14 days. 

The matter is scheduled for a hearing on March 12, 2025, to confirm compliance with these guidelines. Costs for the application will be determined in the main hearing.