Deputy Chief Justice Philomena Mwilu and Justice Mohamed Ibrahim have won the first round of the battle against the Judicial Service Commission (JSC), lawyer Nelson Havi, Ahmednasir Abdullahi’s associates and Dari Limited, linked to former Rarieda Member of Parliament Raphael Tuju.

Justice Bahati Mwamuye dismissed Havi’s application to strike out the twin cases filed by the two senior judges.

Ahmednasir, JSC and Tuju backed Havi’s application. He claimed that the court had no powers to hear and determine the cases as they were stopping a constitutional process before the commission.

However, Justice Mwamuye ruled that the commission was not immune from the court’s supervision as it carried out its functions.

“The preliminary objections are hereby dismissed with each party bearing its own costs as they were not frivolous or vexatious,” ruled Justice Mwamuye.

In the case, the DCJ’s lawyer Julius Kemboy urged the court to disregard Havi’s and Dari’s lawyer Paul Nyamodi’s arguments. Kemboy argued that the case was not about the powers of the commission to investigate a judge and recommend as removal.

Instead, he said the case was whether JSC can review a judge’s decision to determine whether the judge was incompetent or engaged in gross misconduct.

“ There is no preliminary objection before you. They conflate the issues of judges and magistrates vetting board with the commission’s powers. The board was not the Judicial Service Commission, and neither did it survive beyond one year. To conflate the same to argue that the JSC is the modern day judges and magistrates vetting board is wrong,” argued Kemboy.