Kenya High Court Quashes Removal Notices for Seven Supreme Court Judges

The High Court of Kenya quashed notices issued by the Judicial Service Commission (JSC) that required seven Supreme Court judges to respond to complaints seeking their removal. A three-judge bench ruled that the JSC failed to conduct a mandatory preliminary assessment to determine if the complaints met constitutional grounds before initiating the process.

The court found the JSC's approach procedurally defective, noting that the notices lacked specific factual allegations and failed to identify precise constitutional grounds under Article 168. This failure violated the judges' right to fair administrative action. The affected judges include Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.

One of the complaints was filed by former Law Society of Kenya president Nelson Havi. While the court affirmed the JSC's mandate to receive complaints, it barred the commission from taking further action based on these specific notices and rejected the argument that the JSC's actions are beyond judicial review.