The key point is that the High Court did not order the removal of Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, or the Supreme Court judges.
According to the court record, the dispute concerns how the Judicial Service Commission (JSC) processed petitions seeking the judges’ removal. The High Court can examine whether the JSC acted constitutionally, legally and fairly, but it cannot itself determine the substantive allegations under Article 168; that function belongs to the JSC and, where applicable, a tribunal established under Article 168(8).
The court also addressed whether the JSC should have conducted a preliminary assessment of the complaints before requiring the judges to respond. The underlying litigation involved complaints against Koome, Mwilu and seven Supreme Court judges concerning decisions made in their judicial capacity.
So the headline “High Court Delivers Verdict on Sending Home CJ Koome and Entire Supreme Court” can be misleading if it suggests the judges have been removed. The ruling is principally about the JSC’s procedure and constitutional mandate, not a final decision removing the judges from office.
In simple terms: Koome and the other judges have not been “sent home” by this High Court ruling; the judgment deals with whether the JSC followed the proper constitutional process when handling the removal petitions.