NAIROBI, Kenya, May 29 – Busia Senator Okiya Omtatah has petitioned the Judicial Service Commission (JSC) to investigate three Court of Appeal judges over their decision to suspend High Court orders blocking the Kenya-US Health Cooperation Framework, while allegedly withholding reasons for the ruling until October 2026.

📻 Breaking It Down

Omtatah says Kenyans deserve justice that is transparent, reasoned, and accountable, arguing that issuing an immediately enforceable decision without explanation undermines access to justice.

“On 12 May 2026, the Court of Appeal bench comprising Justices Kimaru, Munyao, and Okello issued an order staying the High Court conservatory orders. However, the judges did not provide reasons for their decision. Instead, they stated that their reasons would only be delivered on 30 October 2026, nearly five months later,” he said.

He argues that the move effectively frustrated a timely appeal to the Supreme Court and denied Kenyans a fair opportunity to challenge the ruling.

📌 What You Need to Know

The first-term senator maintains that his concern is not the outcome of the case, but the delay in providing judicial reasons.

“My complaint is not that the judges ruled against me. My complaint is that they adopted a procedure unknown to law, one whose natural and foreseeable consequence was to block immediate and meaningful review by the Supreme Court,” he stated.

Omtatah says his petition asks the Commission to investigate whether the conduct complained of amounts to gross misconduct, breach of the Judicial Service Code of Conduct and Ethics, violation of the constitutional rights to fair hearing and access to justice, and conduct undertaken in bad faith outside the protection of judicial immunity.

In the alternative, he asks whether failure to apply binding Supreme Court precedent may amount to incompetence.

“I wish to emphasise again that these are allegations placed before the Judicial Service Commission for constitutional determination through due process. The judges concerned remain entitled to fairness, due process, and the presumption of regularity unless and until lawful findings are made,” he added.

By withholding the reasons for nearly five months, the Court of Appeal has rendered the right of appeal ineffective while the contested framework continues to be implemented.

📰 Source: Capital FM Kenya