Wamuzi News Ke
FIDA-Kenya has filed a dramatic lawsuit against the Judicial Service Commission (JSC), accusing it of orchestrating an unconstitutional and dangerous plan to oust the entire bench of the Supreme Court.
In an urgent petition lodged at the Milimani High Court, FIDA-Kenya sounded the alarm over what it calls a reckless and illegal move that could wipe out the country’s top court in one fell swoop.
The petition warns that the ongoing process, initiated by the JSC, could lead to the unprecedented removal of more than two — or even all seven — of Kenya’s Supreme Court judges.Judiciary on the Brink
FIDA has condemned the JSC’s actions as a direct attack on constitutional order and judicial independence, saying the process is not only unlawful but threatens to dismantle the nation’s legal backbone.
“The JSC’s actions are unconstitutional, flawed, and dangerously destabilizing,” FIDA states in the court documents, emphasizing that the move could cripple the judiciary’s ability to interpret the Constitution and resolve high-stakes national disputes.
Could Kenya Be Left Without a Supreme Court? FIDA’s court filing warns of a chilling possibility — a complete shutdown of the Supreme Court. According to the petition, removing all seven judges would leave the nation’s highest court powerless and unable to deliver justice on critical constitutional issues.
“If allowed to proceed, this action could create a devastating legal vacuum. The Supreme Court would be paralyzed, unable to interpret laws, resolve disputes, or protect the rights of Kenyans,” the petition argues.
The Makings of a National Crisis FIDA is warning of an extended judicial meltdown. With the court unable to function, Kenyans could be locked out of justice indefinitely, and vital constitutional questions could be left hanging.
The petition paints a grim picture — a domino effect of legal chaos, shattered public trust, and the collapse of judicial independence.“This unprecedented move could launch Kenya into a constitutional tailspin,” FIDA warns, claiming it would erode public confidence and invite dangerous perceptions of political or external interference in the judicial process.
A Rogue Operation?The petition also calls out the JSC’s decision-making process, branding it both illegal and secretive. According to FIDA, the Chief Justice was illegally sidelined during a crucial meeting where the controversial decision was made — a move they say violates the law and the Constitution.
FIDA further alleges that the JSC cannot lawfully operate or make such sweeping decisions without the full legal composition of its members as outlined in Article 171(2) of the Constitution — which includes the Chief Justice and a representative from the Supreme Court.
“An Unlawful Ambush”FIDA is taking aim at what it terms an “omnibus petition” launched against all seven Supreme Court judges — a move the organization says is vague, excessive, and constitutionally prohibited.
According to the group, the law expressly forbids the simultaneous removal of both the Chief Justice and Deputy Chief Justice.What’s Next? FIDA is asking the High Court to immediately halt the entire JSC process and declare it unconstitutional, null, and void.
The organization says this legal fight isn’t just about the judges — it’s about protecting Kenya’s democratic future, preserving judicial independence, and defending the rule of law.
As this legal bombshell unfolds, all eyes are now on the High Court. Will it stop the JSC in its tracks — or will Kenya plunge into a judicial crisis unlike anything seen in the country’s history?
