PHILIP K. TUNOI & ANOTHER V. JUDICIAL SERVICE COMMISSION, JUDICIARY, LEONARD NJAGI & ATTORNEY GENERAL

REASONS FOR THE DECISION MADE ON 19^TH MAY, 2015

We made the following order after hearing counsel for the parties on 19^th May, 2015:

“Pursuant to Rule 32 (5) of this Court’s Rules and pending the issuance of our reasoned ruling to be delivered on 9^th June, 2015 and in view of the urgency of the motion wherein it is sought to stay Nairobi High Court Constitutional Petition No. 244 of 2014 scheduled for hearing on 21^st and 22^nd May, 2015, prayer 3 of the motion dated 12^th May, 2015 is hereby granted.”

These, then, are our reasons.

The said Motion on Notice was brought by the applicants, Justice Philip K. Tunoi and Justice David A. Onyancha, under Article 159(2) (d) of the Constitution, Section 3A and 3B of The Appellate Jurisdiction Act and Rule 5(2) (b) of this Courts Rules. Prayer 3 of that Motion asks that:

“THAT this Honourable Court be pleased to stay further proceedings in Nairobi High Court Constitutional Petition No. 244 of 2014 Justice Philip K. Tunoi and Justice David A. Onyancha –…