JSC orders Supreme Court judges to respond to ouster petition
Chief Justice Martha Koome (center) and Supreme Court judges (top clockwise) Dr Smokin Wanjala, William Ouko, Njoki Ndung'u, Mohamed Ibrahim, Isaac Lenaola and Philomena Mwilu.
What you need to know:
- It is not the first time Mr Havi has launched a battle with judges since in 2012 he petitioned JSC for the removal of Justice Joseph Mbalu Mutava from office over gross misconduct.
- The judge was removed from office in 2016 and the Supreme Court endorsed the removal in March 2019 after dismissing his appeal.
The Judicial Service Commission (JSC) has asked the Supreme Court judges to respond to a petition that is seeking their removal from office over alleged gross misconduct and misbehavior.
The petition was filed by former Law Society of Kenya (LSK) president Nelson Havi seeking the removal of the entire seven-judge bench –Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and judges Dr Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung’u, Isaac Lenaola and William Ouko.
Mr Havi, in the petition, accused CJ Koome of lack of leadership and direction as expected of a Chief Justice.
He picked issue with the decision of the Supreme Court to ban lawyer Ahmednassir Abdullahi, senior counsel, from appearing before the Apex court.
The ban issued in January last year also extended to other lawyers working at Ahmednassir’s law firm – Ahmednasir Abdullahi Advocates LLP.
A letter from the JSC Secretary and Judiciary Chief Registrar, Winfridah Mokaya, to Mr Havi indicates that the commission is expecting a response from the seven Supreme Court judges.
“The petition was tabled before the commission on January 24, 2025, and upon deliberation, it was resolved that the Honourable Chief Justice and the Honourable judges of the Supreme Court 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 registrar further informed Mr Havi that two other High Court judges have also been asked to respond to his petition. The judges are Alfred Mabeya of the Commercial Division in Milimani and Lucas Naikuni Leperes of the High Court in Mombasa.
The petition against Justice Mabeya concerns his ruling in a case pitting Gikomba Business Centre against the Pumwani Riyadha Mosque Committee.
In the petition against Justice Naikuni, Mr Havi cites incompetence in the performance of judicial duties.
It is not the first time Mr Havi has launched a battle with judges since in 2012 he petitioned JSC for the removal of Justice Joseph Mbalu Mutava from office over gross misconduct.
The judge was removed from office in 2016 and the Supreme Court endorsed the removal in March 2019 after dismissing his appeal.