The Kiribati Government says it's gravely concerned the Court of Appeal has backed a ruling by Chief Justice Bill Hastings stopping the removal of High Court judge David Lambourne.
It had earlier called the Hastings decision biased and one-sided.
This had led to the government setting up so-called disciplinary tribunals to investigate alleged misconduct by both judges.
Parliament House in Kiribati Photo: RNZ Pacific / Koro Vaka'uta
The government has been manoeuvring to remove Lambourne, whose wife is the opposition leader in Kiribati, for more than two years.
Radio Kiribati reports the government claiming the actions by the Court of Appeal, which includes only expatriate judges, clearly disregard, disrespect and undermine normative and customary practices in the Kiribati courts system and the constitution.
The government further claims these foreign judges have intentionally mis-stated facts and the law when making a decision on a case that is so important to the people of Kiribati.
The Court of Appeal had ruled that the earlier decision by Chief Justice Hastings stood, and they ordered deportation orders for Justice Lambourne be quashed and that his Australian passport be returned.
The government said Judge Lambourne will remain on suspension until the tribunal looking into his alleged misconduct makes its decision.
The government said it will continue to respect and uphold the independence of the judiciary as "no one is above the law" but at the same time will continue to undertake collective actions to ensure the protection of our Constitution and justice for the people of Kiribati.
But the government's actions have drawn international condemnation with the Commonwealth Magistrate's and Judges Association, the Lawyers Association, the Legal Education Lawyers' Association, and the Australian Law Council calling on the government to respect judicial independence.