PHILIP K. TUNOI & ANOTHER
V.
JUDICIAL SERVICE COMMISION & ANOR

RULING OF THE COURT

BACKGROUND

1. In their application by notice of motion dated 12^th February 2016 which has elicited this ruling, the applicants, the Hon. Mr. Justice Philip K. Tunoi and the Hon Mr. Justice David A. Onyancha seek the recusal of the Presiding Judge, the Hon. Mr. Justice G. B. M. Kariuki, and the Hon. Mr. Justice Milton Asike Makhandia from hearing the appeal herein.

2. Both appellants are represented by learned Senior Counsel Mr. P. Nowrojee and learned counsel Mr. F. Ngatia.

3. The 1^st respondent is the Judicial Service Commission (“the JSC”) and the 2^nd respondent is the Secretary to the JSC (“Secretary to the JSC”). Both respondents are represented by learned Senior Counsel Mr. P. Muite and learned counsel Mr. M. Issa.

4. The 1^st applicant is a Judge of the Supreme Court of Kenya while the 2^nd applicant was a judge of the High Court before he retired from the Bench early this year.

5. Prior to, and for a little while after the promulgation of the Constitution on 27^th Au…