NAIROBI, Kenya, Oct 5 – The High Court has halted a decision by the Judicial Service Commission (JSC) to petition the President to appoint a tribunal to investigate Justice Anthony Ombwayo.

📻 Breaking It Down

A three-judge bench comprising Justices Onesmus Makau, Jemimah Keli and Dr Jacob Gakeri issued orders restraining the JSC from taking further action against the sitting judge.

The bench said it was satisfied with the application filed by Justice Ombwayo through his lawyer Neville Amolo.

The judges questioned the JSC decision to seek the formation of a tribunal, stating that the move was not properly considered and was contrary to constitutional provisions.

📌 What You Need to Know

The orders effectively bar the JSC from forwarding its request to the President pending further proceedings in the matter.

The dispute stems from proceedings before Justice Ombwayo while he was sitting at the Nakuru High Court.

The judge had been presented with two files involving land matters. After hearing the parties, he dismissed an application filed by the petitioners.

Dissatisfied with the decision, the petitioners moved to the appellate court seeking to challenge the ruling and also sought a stay of the judge’s decision.

The petitioners had earlier sought to have Justice Ombwayo recuse himself from hearing their petition, but the judge found that they had not provided sufficient evidence to warrant his recusal.

Following their dissatisfaction with the judge’s decisions, the petitioners moved to the Judicial Service Commission seeking action against Justice Ombwayo.

📰 Source: Capital FM Kenya