Okiya Omtatah Seeks Removal of 3 Appeal Judges Over Claims He Was Blocked From Supreme Court

Busia Senator Okiya Omtatah has moved to the Judicial Service Commission seeking the removal of three Court of Appeal judges, accusing them of blocking his access to the Supreme Court through procedural delays and judicial misconduct.

In the petition, Omtatah claims Hon. Justice L. Kimaru, Hon. Justice Sila Munyao and Hon. Justice Dr. J.O. Okello failed to issue a reasoned ruling in Civil Application No. NAI E774 of 2025 for five months, despite delivering a dispositive order.

The senator says the delay effectively locked him out of the Supreme Court because he could not competently file his appeal without the reasons behind the Court of Appeal’s decision.

According to Omtatah, he had already filed a Notice of Appeal and prepared a petition to the apex court, but the absence of a detailed ruling rendered his constitutional right of appeal under Article 163(4)(a) meaningless and impossible to exercise.

He argues that the judges adopted a procedure unknown in law and deliberately structured the process in a way that shielded the decision from scrutiny by the Supreme Court.

Omtatah insists the petition is not about whether the judges reached the correct decision, but about alleged abuse of judicial procedure, bad faith conduct and obstruction of constitutional appellate review.

The Busia Senator is seeking the removal of the three judges under Article 168 of the Constitution for alleged breach of the Judicial Service Code of Conduct and Ethics Regulations, 2020, as well as gross misconduct and misbehaviour.

He further argues that while judicial officers are free to make decisions that may not favour litigants, they should not use procedural tactics that deny Kenyans access to justice or frustrate constitutional rights.

Omtatah is now calling on the Judicial Service Commission to investigate the conduct of the judges and protect the integrity of the Judiciary and the Constitution.

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