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Nelson Havi Petitions JSC to Remove Two Judges Over Alleged Misconduct

Journalist BenedictBy Journalist BenedictJuly 21, 2025No Comments3 Mins Read
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Former Law Society of Kenya (LSK) President, Nelson Havi, has officially lodged complaints with the Judicial Service Commission (JSC), calling for the removal of two High Court judges over claims of serious misconduct, poor judgment, and professional incompetence.

In two detailed petitions sent separately to the JSC, Havi accused Lady Justice Josephine Wayua Wambua Mongare and Justice Prof. Dr. Nixon Sifuna of mishandling crucial cases in ways that, according to him, disrespected the law and harmed the pursuit of justice.

For Lady Justice Mongare, Havi alleges that she grossly mismanaged a commercial dispute involving Gikomba Business Centre Limited and Pumwani Riyadha Mosque Committee, a case that she handled between April 9 and June 23, 2025.

He claims her actions in the courtroom not only weakened the authority of the law but also denied his clients a fair shot at justice.

“I am officially filing a complaint for gross misconduct, poor behavior, and incompetence against Honourable Lady Justice Josephine Wayua Wambua Mongare, based on her handling of case number HCCCOMM/E610/2024 during the period between April 9th and June 23rd, 2025,” Havi wrote.

He further stated that the alleged errors made by the judge were so severe and damaging that the only proper remedy would be her removal from the bench.

In a sworn affidavit attached to his petition, Havi urged the JSC to recommend to President William Ruto the formation of a tribunal to investigate the judge and ultimately dismiss her from office.

Meanwhile, in a separate complaint, Havi directed his frustration at Justice Prof. Dr. Nixon Sifuna, accusing him of unprofessional conduct while presiding over a case involving an insurance company and the Consumer Federation of Kenya between June 4 and July 16, 2025.

According to Havi, the judge acted in a reckless and erratic manner, lacking the caution and wisdom expected from someone in such a critical judicial role. He further alleged that instead of taking responsibility for his actions, the judge unfairly turned the blame on Havi for highlighting his errors.

“It is highly inappropriate for Honourable Mr. Justice Prof. Dr. Nixon Sifuna to behave in such a disorderly, disrespectful, and careless way in court. His lack of judicial reasoning and failure to accept constructive criticism are not qualities befitting someone in his position,” Havi stated.

Due to these concerns, Havi has also asked the JSC to recommend to the President the formation of another tribunal to determine whether Justice Sifuna should remain in office.

Nelson Havi has been vocal about cleaning up the judiciary, often criticizing what he sees as slow, inefficient court processes and persistent corruption, even at the highest levels like the Supreme Court.

His latest move is part of his broader campaign to hold judges accountable and restore public trust in the justice system.

The JSC, in an earlier update shared in January 2025, revealed that it had received a total of 935 formal complaints against judges from 2011 to 2024.

Of these, 862 cases had been concluded, and 12 petitions had been forwarded to the President, recommending the establishment of tribunals to investigate and potentially remove the judges involved.

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