The Court of Appeal has stopped a High Court decision that had blocked investigations into judges, and this development directly affects Lady Justice Dorah Chepkwony, whose case triggered the wider legal dispute.
The stay order allows the Judicial Service Commission (JSC) to continue handling complaints against judges and magistrates, restoring a process that had been frozen despite growing public concern about accountability in the judiciary.
The decision by the Court of Appeal came after Senior Counsel Phillip Murgor and Ahmednasir Abdullahi moved to challenge a High Court ruling issued on December 18, 2025. That ruling had declared that the JSC lacked properly published regulations to manage public complaints. As a result, all disciplinary processes against judges and magistrates were stopped.
This outcome caused alarm because it meant that even serious complaints could not be investigated, creating the impression that judicial officers were protected from scrutiny at a time when trust in the courts is already strained.
The dispute began with a complaint filed by Acorn Law Advocates LLP against Justice Dorah Chepkwony. The firm accused her of administrative misconduct related to how she handled certain matters in her official role.
Instead of limiting the decision to her case, the High Court ruling went much further. It effectively stopped all JSC investigations, shielding every judge and magistrate from disciplinary action.
This outcome raised serious questions about whether the ruling was meant to correct a procedural issue or to create a safe cover for judges facing complaints.
Many legal observers saw the ruling as harmful to accountability. By stopping all investigations, the decision removed an important safeguard meant to ensure that judges meet ethical and professional standards. Critics argued that if judges cannot be investigated, then complaints from the public lose meaning.
This situation risked weakening confidence in the justice system, especially for ordinary citizens who rely on courts to resolve disputes fairly and without bias.
Senior Counsel Nelson Havi, a former president of the Law Society of Kenya, spoke strongly on the matter. He praised the lawyers who secured the stay order and described the High Court ruling as unlawful and unconstitutional.
He openly stated that Justice Chepkwony should now face the JSC or step aside. His remarks reflected a wider frustration among lawyers and members of the public who feel that some parts of the judiciary have avoided accountability for too long.
With the stay order now in place, the JSC can resume its work. This includes handling the complaint against Justice Chepkwony and other pending cases that had been put on hold. The commission is expected to examine the issues raised and give judges a chance to respond.
This process is important because it balances fairness to the accused with the public’s right to transparent and accountable institutions.
Add Comment