Supreme Court Judge Responds to Petition for Removal
Justice Isaac Lenaola has strongly criticized attempts to remove all seven Supreme Court judges, calling it an attack on an entire branch of government.
He made these remarks while addressing law students at the University of Embu Moot Court, becoming the first judge to publicly speak about the petitions seeking their ouster.
Lenaola, who is among the judges fighting to retain their positions, stated that he has no issue stepping down if a valid case is proven against him.
However, he insisted that any removal must be based on serious allegations, not mere social media discussions. “I am ready to leave if there is credible evidence showing I am unfit to serve, but it must be based on genuine reasons, not online games,” he said.
He emphasized that the removal of Supreme Court judges should be done on an individual basis rather than collectively.
According to him, each judge takes an oath separately and is accountable for their own conduct. “Each judge signs their oath individually. I did not sign my oath with Justice Ouko or the Chief Justice.
If anyone wants to remove a Supreme Court judge, they must provide specific evidence against that judge,” he stated firmly.
Lenaola further warned that removing all judges at once would destabilize the judiciary and weaken democracy.
“If you remove Supreme Court judges unfairly, you are effectively crippling an entire arm of government. A democracy cannot function if a whole branch of government is dismantled,” he told the students.
Petitions Seeking Supreme Court Judges’ Removal
The judiciary has been facing increased attacks from different quarters. In January, several petitions were filed seeking the removal of Chief Justice Martha Koome and six other Supreme Court judges.
These petitions were submitted by former Cabinet Secretary Raphael Tuju’s Dari Limited, former Law Society of Kenya (LSK) President Nelson Havi, and lawyer Christopher Rosana. They accuse the judges of incompetence and misconduct.
On January 13, Havi filed a petition seeking the removal of the entire Supreme Court bench, which includes Chief Justice Koome, her deputy Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
Controversy Behind the Petitions
The push to remove the judges stems from a Supreme Court decision in January 2024 that banned Senior Counsel Ahmednasir Abdullahi and all lawyers from his firm from appearing before the court. The court cited concerns over their professional conduct, which led to an outcry and triggered the petitions demanding the judges’ removal.
Following the filing of these petitions, Chief Justice Koome and the other judges sought legal intervention to prevent the Judicial Service Commission (JSC) from proceeding with the matter.
On February 20, the High Court issued a temporary order stopping the JSC from hearing the petitions until a judicial review case filed by Pariken Ole Esho is determined.
Esho argued that the JSC lacked clear guidelines on how to handle complaints against judges, raising concerns about possible unfair treatment.
As the legal battle continues, all seven Supreme Court judges have filed petitions challenging the JSC’s decision to hear the cases seeking their removal.
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