Tension has risen after former Law Society of Kenya (LSK) President Nelson Havi filed a petition seeking the removal of Chief Justice (CJ) Martha Koome and all seven judges of the Supreme Court of Kenya.
On Monday, January 13, Havi formally submitted the petition and urged the Judicial Service Commission (JSC) to direct President William Ruto to establish a tribunal to begin the process of their dismissal.
In his sworn affidavit, Havi listed the seven judges: Chief Justice Martha Karambu Koome, Deputy Chief Justice Philomena Mbete Mwilu, Mohammed Khadar Ibrahim, Dr. Smokin Wanjala, Njoki Ndungu, Isaac Lenaola, and William Ouko.
He requested that the JSC recommend to the President the formation of a tribunal to remove all of them from office, citing failure to perform their duties as required.
This petition followed Havi’s public ultimatum issued just a day earlier, in which he gave six of the judges a 24-hour deadline to either persuade CJ Koome to resign or face similar action themselves.
Havi declared, “The deadline for CJ Koome to resign is January 14, 2025, at 9:00 am.
If she does not step down and the other six judges fail to convince her to leave, I will file a petition for the removal of all seven judges before the JSC.”
Havi accused CJ Koome of poor leadership, claiming she had failed to guide the Supreme Court and the judiciary effectively, comparing her leadership unfavorably to that of former Chief Justice Evans Gicheru.
He further alleged that the seven judges, under CJ Koome’s leadership, had conspired to bar him and Senior Counsel Ahmednasir Abdullahi from representing clients before the court.
Havi stated, “Since March 31, 2022, the judges, led by CJ Koome, decided that Ahmednasir Abdullahi and I would not be allowed to represent clients before them. If we did, they ensured we would lose the cases.”
Havi also referenced the 2022 presidential election petition, stating that he and Ahmednasir stayed away from the case after receiving a clear message from the court that they were unwelcome.
He argued that such conduct reflected bias and compromised the integrity of the judiciary, further justifying his call for their removal from office.
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