The move sets the stage for an attention-grabbing battle where Justice Koome, who is the first woman to hold the office of chief justice since the Kenyan Judiciary was established, will be fighting to save her career.
The petition was filed by lawyer Christopher Rosana in September last year following the Supreme Court’s decision to ban Senior Counsel Ahmednasir Abdullahi from appearing before the apex court.
A letter from the JSC Secretary and Judiciary Chief Registrar Winfridah Mokaya to the lawyer indicates that the commission was expecting a response from the Chief Justice.
“The petition was tabled before the commission on January 24, 2025 and upon deliberation, it was resolved that the Honourable Chief Justice be requested to submit a response to the petition,” the letter reads.
It adds, “Please note that the response, once received, will be placed before the commission for further deliberation and the decision of the communication on the petition shall be communicated to you”.
The petition is based on provisions of Article 168 (d), which provide that a judge of a superior court may be removed from office on the grounds of incompetence.
The Constitution further provides that if JSC is satisfied that the petition discloses a ground for removal it should send the petition to the President, who will within 14 days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the JSC, appoint a tribunal.
In his petition calling for CJ Koome’s ouster, Mr Rosana argued that the decision to ban Mr Abdullahi exposed a serious lapse in judicial foresight and responsibility on the part of CJ as she is also the president of the Supreme Court.
According to him, the decision also reflected severe incompetence on the Supreme Court since the ban also extended to other lawyers working at the Ahmednassir’s law firm – Ahmednasir Abdullahi Advocates LLP.
While imposing the ban in January 2024 the Supreme Court said Mr Abdullahi had "relentlessly and unabashedly... scandalised and ridiculed" the Supreme Court.
