JUSTICE PHILIP K TUNOI & ANOTHER
V.
JUDICIAL SERVICE COMMISSION & ANOTHER

THE RULING BY THE HON. JUSTICE (PROF.) J.B. OJWANG

THE PRELIMINARY OBJECTION, AND THE SUBMISSIONS

[1] The applicants raised a preliminary objection, contesting the legal basis of the Orders made in this matter by the Chief Justice on 30^th May, 2016. The said Orders, learned Senior Counsel, Mr. Nowrojee submitted, purported to vary pre-existing Orders of 27^th May, 2016 but were made without jurisdiction.

[2] Learned counsel highlighted the Chief Justice’s words, “Granted the urgency under which Orders are sought, I invoke my administrative powers,” urging that the making of the later Orders had seriously “compromised the reputation of the Supreme Court, and the future of the Judiciary.”

[3] Mr. Nowrojee submitted that administrative powers cannot validate an interference with judicial Orders. He submitted that the Judiciary, as constituted under Article 160(1) of the Constitution, is only subject to the Constitution, and not to courses of action taken in exercise of administrative powers.

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