FIDA Kenya has moved to court challenging the legality and constitutionality of petitions filed before the JSC seeking for the removal of Supreme Court Judges arguing that the process is unlawful.
According to FIDA, the process initiated by the JSC is unconstitutional, unlawful, and procedurally flawed warning that it could result in the simultaneous removal of more than two, or potentially all seven, Judges of the Supreme Court of Kenya.
They have sued JSC arguing that should the removal process initiated by the commission result in the simultaneous removal of all Supreme Court Judges, it would create an unprecedented legal and constitutional vacuum.
“The Supreme Court would be rendered incapable of performing its essential constitutional functions such as interpreting the Constitution, resolving disputes of national importance, and delivering final adjudication on constitutional and legal issues.” reads court papers
FIDA says that allowing the process to proceed would paralyze the operations of the Supreme Court, undermine the rule of law, and violate key constitutional principles including judicial independence, the right to fair administrative action,access to justice, and the right to a fair hearing.
Further, they say that there is an imminent risk of a prolonged judicial crisis arising from the potential indefinite suspension of the Supreme Court. This would leave significant constitutional and legal questions unresolved, effectively denying the public access to justice and depriving both individuals and institutions of the right to a fair hearing and final determination of legal disputes.
It is their argument that JSC’s actions are likely to trigger a chain of constitutional crises. The petitioners warn that the move could erode public confidence in the judiciary, weaken judicial independence, and create perceptions of external interference all of which would gravely undermine Kenya’s democratic governance.
“It would also prevent the resolution of critical legal and constitutional issues, leave matters of public concern unresolved, and create legal uncertainty for citizens, businesses, and state institutions,” reads court papers.
FIDA also argues that such a process would obstruct the development of consistent judicial precedent and jurisprudence, leading to unpredictable and inconsistent rulings by lower courts, and hampering the evolution of Kenya’s legal framework.
They are seeking for a declaration that the process initiated by the JSC involving the simultaneous consideration of petitions for the removal of more than two or potentially all Supreme Court Judges is unconstitutional, null, and void.
