A battle for the soul of Kenya's judiciary has erupted, pitting the nation's Supreme Court judges against the very body mandated to oversee them, the Judicial Service Commission (JSC). In an unprecedented move, the entire seven-judge bench, led by Chief Justice Martha Koome, has taken legal action to fend off a disciplinary trial that could see them removed from office.

This institutional standoff strikes at the heart of Kenya's constitutional order, blurring the lines of power and accountability. The core question is stark: who holds the ultimate authority to discipline the guardians of the law? For the average Kenyan, the outcome of this struggle will determine the stability and predictability of the justice system, impacting everything from business disputes to the protection of fundamental rights.

The Genesis of the Conflict

The crisis was ignited by three petitions filed with the JSC by prominent figures: former Cabinet Secretary Raphael Tuju, and lawyers Nelson Havi and Christopher Rosana. The petitioners accuse the Supreme Court judges of gross misconduct, incompetence, and misbehaviour in their judicial roles.

The complaints stem from two specific issues:

• The court's handling of a commercial dispute involving Mr. Tuju's company, Dari Limited.
• A unanimous decision by the judges to bar senior counsel Ahmednasir Abdullahi and his law firm from appearing before the Supreme Court, citing a sustained campaign of social media posts intended to "scandalise, ridicule, and denigrate" the institution.

In February 2025, the JSC formally ordered the judges to respond to the petitions, setting the stage for a direct confrontation. Instead of complying, the judges escalated the matter, filing their own petitions at the High Court to challenge the JSC's very jurisdiction over them.

A Question of Jurisdiction

The Supreme Court's argument is a fundamental one. Chief Justice Koome, who also chairs the JSC, contends that the commission has overreached its constitutional mandate. In court filings, she argued that the JSC lacks the authority to question judicial decisions and that admitting an omnibus petition against all seven judges is unconstitutional and designed to precipitate a crisis.

"The JSC does not, whether by virtue of the provisions of the Constitution or any other law, have the jurisdiction to deal with a petition or claim against the judges of the Supreme Court," Justice Koome stated in her petition. The judges maintain that the Constitution provides a right of appeal for a removed judge to the Supreme Court, a right that would be rendered meaningless if the entire bench were to be dismissed simultaneously.

The High Court has granted the judges a temporary reprieve, issuing a conservatory order in February that prevents the JSC from proceeding with the hearings until the jurisdictional challenge is fully determined. This has effectively paused the removal process, but the underlying constitutional questions remain unresolved.

A Judiciary Under Pressure

This internal war is unfolding against a backdrop of sustained pressure on the judiciary from multiple fronts. Chief Justice Koome has repeatedly warned of threats to judicial independence, citing online attacks and encroachment on the JSC's mandate by other state institutions. The conflict also follows public criticism from the executive arm of government, which has previously accused judges of frustrating its agenda.

Analysts note that this confrontation reveals deep fissures over the interpretation of the Constitution, particularly Articles 168, 171, and 172, which outline the process for removing judges and the functions of the JSC. The standoff has thrown the nation's highest court into a fight for its survival, with potentially far-reaching consequences for the rule of law in Kenya.

As the High Court prepares to hear the substantive case, the nation watches. The eventual ruling will not only decide the fate of the current Supreme Court bench but will also set a crucial precedent for the separation of powers and the mechanisms of accountability for decades to come.