A three-judge bench is today expected to give directions in a petition challenging the role of the Judicial Service Commission (JSC) in disciplinary proceedings against Supreme Court judges.
The case stems from petitions filed by several parties seeking the removal of the judges by the JSC.
Among the petitioners are lawyer Nelson Havi, former Cabinet Secretary Raphael Tuju, and several lawyers linked to the firm of Ahmednasir Abdullahi, which has been barred from appearing before the apex court.
Earlier in April 2025, Justice Lawrence Mugambi directed Chief Justice Martha Koome to empanel a bench to hear and determine the petition challenging their removal.
Havi and Ahmednasir had opposed the application for empanelment of a bench, saying the Chief Justice, who is supposed to pick the judges of the bench, is a party in the case.
This, they argued, would create a conflict of interest.
However, Justice Mugambi disputed this, adding that judges do not take orders or directions from anyone while discharging their judicial duties.
The bench, composed of Justices Bahati Mwamuye, Charles Kariuki, and Lawrence Mugambi, is set to give guidance on the way forward in the matter.
Case against DIG Lagat's stay in office.
In another matter, the High Court is set to deliver a ruling today on whether it has the jurisdiction to hear a petition challenging the continued stay in office of Deputy Inspector General of Police Eliud Lagat.
The development follows submissions made in court on July 31, where the parties presented arguments over the suitability of the High Court to handle the matter.
The petition by Eliud Matindi seeks to declare the DIG position vacant following Lagat’s earlier remarks purporting to "step aside."
Lagat, through his lawyer Cecil Miller, argued that the case falls under employment and administrative decisions within the National Police Service, and as such, it should properly be determined by the Employment and Labour Relations Court.
However, Matindi opposed the objection.
He stated that the issues raised in the petition involve alleged constitutional breaches by the National Police Service Commission (NPSC).
In his view, the matter extends beyond an employment dispute, raising concerns over the legality and transparency of public officeholders stepping aside without a formal process or clear legal framework.
The core of the legal challenge lies in the interpretation of what constitutes a lawful “stepping aside” and whether such a move implies a resignation or temporary leave.
Justice Chacha Mwita will now determine whether the Constitutional Court has the authority to hear the matter or if the case should be redirected to the Labour Court.
Obado's criminal case hearing
Elsewhere, the murder trial of former Migori Governor Okoth Obado, in connection with the killing of Sharon Otieno, is set to resume.
Earlier in April, the ex-governor defended himself against accusations of killing his lover, Sharon, telling trial judge Justice Cecilia Githua he was never involved in the murder.
Obado, who was testifying in the murder trial, however, admitted that he was in a love relationship with her and that he was responsible for her pregnancy. Obado, however, said he was not willing to marry her.
He submitted that the affair was known by his family, Sharon’s family, and even workers at the Migori county government, which he led at the time.
Sharon was killed in 2018 in Homa Bay County. Obado, his personal assistant, Michael Oyamo, and Caspal Obiero were later charged with her murder.
They have all denied the charges.
