The high court will first hear the application challenging its jurisdiction to hear case barring JSC from removing Deputy Chief Justice Philomena Mwilu and Justice Mohammed Ibrahim from office before it goes to the main application.
Justice Bahati Mwamuye on Thursday said that an application by lawyer Nelson Havi will be heard first before the main petition in a case.
The court will first deal an application seeking to have the matter handled by a three-judge bench, as well as an application on jurisdiction, which questions whether the High Court has the authority to hear the matter. These applications will be considered before the main petition proceeds.
This is the second batch of cases filed by the seven judges with the other cases filed by Chief Justice Martha Koome and Justices Njoki Ndung’u, Smokin Wanjala,William Ouko, and Isaac Lenaola are before Justice Lawrence Mugambi.
Justice Mwamuye instructed all parties involved to file and serve their responses within the stipulated time and to appear in court on the 19th for the hearing of both applications. The court set the ruling date for the 27th of this month.
In the case, Mwilu and Ibrahim moved to court to challenge the disciplinary proceedings initiated against them by the Judicial Service Commission (JSC). They argue that the JSC lacks the jurisdiction to hear the case against them and that the process is unconstitutional.
