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In addition to the five Resident Kadhi roles, the JSC is filling 145 other judicial vacancies. These include 15 judges of the Court of Appeal, 20 High Court judges, 10 judges for the Environment and Land Court, 60 Resident Magistrates, and 40 adjudicators for the Small Claims Court.
The petition has been filed by Captain J N Wafubwa, who claims the Chief Justice has failed in her duty to protect the integrity of the judicial system. He alleges that instead of ensuring open and transparent court operations, she has used her authority to block processes and frustrate the conclusion of certain legal matters.
At the centre of the complaint is Koome’s decision to assign Justices Lawrence Mugambi and Bahati Mwamuye to the three-judge bench hearing the petition.
The petitions seek the ouster of Chief Justice Martha Koome along with six Supreme Court judges.
Justice Lawrence Mugambi, in a ruling delivered on Friday, said the Constitution gives the Chief Justice the exclusive role of empanelling judges even in cases where she is involved as a party.