The Eastleigh Voice·3 min read·medium

Court blocks JSC bid to oust Judge Anthony Ombwayo over Nakuru cases

C
Carolyne Kubwa
Court blocks JSC bid to oust Judge Anthony Ombwayo over Nakuru cases
✦AI Summary

The Employment and Labour Relations Court has blocked the Judicial Service Commission from removing Judge Anthony Ombwayo. The court ruled that the complaint filed against the judge was an administrative request rather than a formal petition for removal.

Why it matters

This ruling reinforces judicial independence by clarifying the legal threshold required to initiate the removal of a judge in Kenya.

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The Employment and Labour Relations Court has stopped the Judicial Service Commission (JSC) from proceeding with a complaint seeking to initiate removal proceedings against Environment and Land Court Judge Anthony Ombwayo. A three-judge bench comprising Justices Jemimah Wanza Keli, Onesmus Makau and Dr Jacob Gakeri ruled that a letter written by lawyers representing litigant Juma Okumu did not amount to a valid petition for the removal of a judge under Article 168 of the Constitution. The court permanently barred the JSC from proceeding with the purported JSC Petition No.49 of 2025 and from forwarding it to President William Ruto for consideration. The judges said the letter dated March 14, 2025, was addressed to the Chief Justice and was expressly framed as a request for administrative action rather than a petition seeking the judge’s removal.

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