PHILIP K. TUNOI & DAVID A. ONYANCHA V. JUDICIAL SERVICE COMMISSION & JUDICIARY

JUDGMENT OF THE COURT

1. The 1^st appellant, Justice Philip K. Tunoi, is a Judge of the Supreme Court of the Republic of Kenya. The 2^nd appellant, Justice David A. Onyancha (now retired), was at all material times a Judge of the High Court of Kenya.

Both appellants were the petitioners in Petition No. 244 of 2014 in which the High Court delivered judgment on 11^th December 2015 dismissing their main prayers in the petition and allowing some as hereinafter shown. This appeal was heard back to back with Appeal No.1 of 2016 lodged by Hon. Justice Kalpana Rawal, The Deputy Chief Justice and Vice President of the Supreme Court of Kenya whose Petition No.386 of 2015 in the High Court was heard, once more, back to back together with the appellants’ said petition. Both appeals spring from the judgments in those Petitions and raise similar issues for determination.

2. The 1^st respondent is the Judicial Service Commission established by Article 171 of the Constitution and is, among other functions, …