By Anne Nyambura
The High Court has extended orders barring the Judicial Service Commission (JSC) from proceeding with petitions seeking the removal of Chief Justice Martha Koome and six Supreme Court judges. Justice Lawrence Mugambi, in his ruling, also directed that an application for the formation of a bench to hear and determine the case be considered on March 28.
The decision has sparked objections from prominent lawyers Senior Counsel Ahmednasir Abdullahi and Nelson Havi, who argue that the ruling is a deliberate attempt to shield the Supreme Court judges and delay the matter. The two advocates insist that it would be impractical for Chief Justice Koome to constitute a bench to hear a case against herself.
Despite their protests, Justice Mugambi stated that the application for empaneling a bench was a crucial issue that the court must first address before the petitions can proceed. He further directed that the application be served within three days, responses be filed within another three days, and final submissions be made by March 28.
Havi and Ahmednasir are among the petitioners calling for the removal of Chief Justice Koome and the Supreme Court judges on grounds of alleged incompetence and misconduct. The petitions before the JSC have been temporarily halted pending the court’s decision on the matter.
Meanwhile, in a separate ruling, the High Court has directed that a dispute filed by the Music Copyright Society of Kenya (MCSK) over royalties be referred to the Copyright Tribunal for resolution. Justice Wayua Mong’are ruled that MCSK had not exhausted all internal dispute resolution mechanisms before moving to court.
The ruling means that the matter will now be handled by the Copyright Tribunal, which has jurisdiction over copyright-related disputes in the country.
These court decisions come at a time of heightened legal battles involving key judicial and copyright institutions in Kenya.