13 lawyers now seek removal of CJ Koome, all Supreme Court judges
Supreme Court judges (from left) Isaac Lenaola, Dr Smokin Wanjala, Philomena Mwilu, Chief Justice Martha Koome, Mohamed Ibrahim, Njoki Ndung'u and William Ouko.
What you need to know:
- This is the second petition, seeking the removal of the entire bench of the Supreme Court after former Law Society of Kenya (LSK) president Nelson Havi filed a similar case on January 13 before the JSC.
- Mr Havi is equally accusing the Supreme Court judges of alleged gross misconduct.
The looming crisis in the Judiciary has escalated, with 13 advocates filing a fresh petition seeking the removal of all seven judges in the Supreme Court, as the highest court in the land warns lawyers against honouring a strike threat.
On Tuesday, 13 advocates working at Ahmednasir Abdullahi Advocates LLP filed their petition before the Judicial Service Commission, accusing the seven most powerful judges in Kenya, including Chief Justice Martha Koome, of misconduct by banning them from appearing before the Supreme Court.
Their blacklist stems from a January 2024 decision by the Supreme Court to deny former Law Society of Kenya (LSK) president Ahmednasir Abdullahi's audience, following what the judges described as attacks on them in social media.
The ban was extended to cover all advocates who practice under his law firm.
Their petition came hours after the Supreme Court warned the LSK and its members against going on strike over the ban on Mr Abdullahi and his staff.
While the tension between the Judiciary and lawyers has largely been a cold war fought through social media, courts, and statements, the LSK strike threat poses a risk of grinding operations in Kenya’s highest court to a halt.
The 13 lawyers said in the petition to the JSC that the decision to ban the entire law firm from appearing before the apex court amounts to gross misconduct.
The lawyers said they were tried and convicted in absentia on January 18, 2024, in gross violation of their constitutional rights by the seven judges of the Supreme Court, by resorting to banning them from appearing before the Apex court.
“The petitioners aver that the individual conduct of the seven justices of the Supreme Court of Kenya has gravely compromised the administration of justice, such that it is inconceivable that, as custodians of the apex judicial authority of the republic, they would, without lawful justification and in contravention of established legal principles, arbitrarily and capriciously impose a blanket ban on an entire group of legal practitioners from appearing before them,” the petition reads in part.
The LSK on January 23 said that it would mobilise lawyers to boycott Supreme Court cases, and even occupy the premises, to protest the ban on Mr Abdullahi and staff in his law firm.
Judiciary spokesperson Paul Ndemo said in a statement that there are four pending matters before the High Court, Court of Appeal, and East African Court of Justice on the same issue, hence the threatened strike would be an act of sub judice – actions that lower the dignity and authority of courts, and which are punishable by law.
“We therefore wish to urge LSK members, as officers of the Court that fully understand the import of the sub judice rule, and the significance of observing the rule of law, to refrain from proceeding with the threatened action. It is imperative that we allow and seek lawful and peaceful means to address the matter at hand,” Mr Ndemo’s statement read in part.
The 13 lawyers at Ahmednasir Abdullahi Advocates said it was inconceivable that as judges of the apex court, who are entrusted to embody the constitutional values, the seven judges can “arbitrarily, whimsically and on unfounded grounds”, ban an entire group of lawyers from appearing before the court without lawful justification and outside the ambits of the law.
They pointed out that the January 18, 2024 letter was addressed to senior counsel Abdullahi alone and the judges did not make any effort to bring the contents of their letter in question to their attention, despite the adverse effects on their rights.
This is the second petition, seeking the removal of the entire bench of the Supreme Court after former Law Society of Kenya (LSK) president Nelson Havi filed a similar case on January 13 before the JSC.
Mr Havi is equally accusing the Supreme Court judges of alleged gross misconduct.
