In a dramatic turn of events that has shaken Kenya’s judicial landscape, a petition has been filed before the Judicial Service Commission (JSC) seeking the removal of all seven Supreme Court judges led by Chief Justice Martha Koome.
The petition, filed by former Law Society of Kenya (LSK) President Nelson Havi, accuses the judges of gross misconduct, corruption, and abuse of office, urging President William Ruto to form a tribunal to initiate their removal process.
The petition, which was filed on Monday, January 13, alleges that the judges, including CJ Koome, Justices Martha Karambu Koome, Philomena Mbete Mwilu, Mohammed Khadar Ibrahim, (Dr) Smokin C Wanjala, Njoki Ndungu, Isaac Lenaola, and William Ouko, have engaged in serious misconduct that tarnishes the integrity of the judiciary.
In a scathing affidavit, Havi requests that the JSC take immediate action and recommend the formation of a tribunal to remove the seven judges from office.
“I swear this affidavit in support of the complaint against Justices Martha Karambu Koome, Philomena Mbete Mwilu, Mohammed Khadar Ibrahim, (Dr) Smokin C Wanjala, Njoki Ndungu, Isaac Lenaola and William Ouko and ask that the Judicial Service Commission recommends to the President of the Republic of Kenya the formation of a tribunal to remove the judges from office,” Havi stated in his petition.
This filing comes just one day after Havi issued an ultimatum to CJ Koome and the six other Supreme Court judges, demanding their resignation or facing the petition for their removal.
“The deadline I gave for CJ Martha Koome to resign is January 14,2025 . The six other Judges of the Supreme Court can prevail upon her to go,” Havi said in his January 12 statement.
“If they do not, all seven will have to go. They have until tomorrow at 9:00 am, after which I will present a petition for their removal to the JSC.”
Havi, a prominent lawyer and former LSK President, has been vocal in his criticism of CJ Koome’s leadership, accusing her of failing to provide the necessary direction and leadership for the Supreme Court, unlike her predecessor, the late Chief Justice Evans Gicheru.
“Unlike Honourable Mr. Justice Evans Gicheru, Honourable Lady Justice Martha Karambu Koome has failed to provide leadership and direction for the Supreme Court of Kenya and the entire Judiciary,” Havi declared.
The petition also delves into specific grievances regarding the handling of cases in the Supreme Court. Havi, alongside senior counsel Ahmednasir Abdullahi, was controversially barred from appearing before the court in 2022, following a contempt ruling.
Havi believes this was part of a broader campaign to silence him and others who have criticized the court’s actions.
“I know that effective March 31, 2022, the seven Judges of the Supreme Court of Kenya acting through Honourable Lady Justice Martha Karambu Koome resolved that Ahmednasir Abdullahi SC and I will not appear before them, and if we do, we must lose any case in which we act,” Havi claimed in his affidavit.
“To that end, when the petition challenging the election of President William Ruto was filed, the seven Judges of the Supreme Court of Kenya acting through Honourable Lady Justice Martha Karambu Koome sent a message that the two of us should not appear in the matter. We obliged and stayed away.”
Further compounding the accusations, Havi alleged that the seven judges have developed a pattern of favoritism in choosing lawyers who appear before them, directing litigants to specific advocates.
He also claimed that the judges unlawfully barred Ahmednasir and his entire law firm from appearing before the apex court, a move that Havi described as unconstitutional and unlawful.
“In January 18, 2024, in furtherance of their gross misconduct and misbehavior, the seven judges of the Supreme Court of Kenya unlawfully and unconstitutionally barred Ahmednasir and all advocates in his firm from appearing before the Apex court,” Havi charged.
“The seven judges of the Supreme Court constituted themselves on a cause of action in contempt of court against Ahmednasir together with all his advocates in his firm and convicted and sentenced them for contempt of court without notice or a hearing, and in any event, without jurisdiction to do so or evidence in that regard.”
Havi’s petition paints a damning portrait of the judges, alleging that their intolerance of criticism and efforts to silence dissent within the legal community are symptomatic of deep-rooted corruption.
He further contended that the judges had been influenced by outside forces, casting doubt on their integrity in the 2022 presidential election petition.
“I have listened carefully to the claims by Ahmednasir Abdullahi SC of four Judges of the Supreme Court having been bribed in their handling of the petition for election of President of the Republic of Kenya in 2022,” Havi stated.
“I am convinced by what Ahmednasir Abdullahi SC told me. Having listened to him, I have considerable doubt on the accountability and integrity of the four Judges of the Supreme Court.”
Havi’s complaints also cite the judges’ role in dictating the instruction fees for advocates, a matter traditionally left to the discretion of clients and legal practitioners.
He questioned the judges’ motivations for involving themselves in such decisions, suggesting that corruption may have played a role.
“I do not understand what would motivate Judges of the Supreme Court if not corruption, to relegate themselves to the level of a Taxing Officer and start determining the quantum of instruction fees, a matter where no novel question of public importance is involved,” Havi said.
Despite his close personal connection to one of the judges, whom he describes as his “dear mother and client,” Havi has pressed forward with the petition, citing a deep sense of duty to the country and the integrity of the judiciary.
“I have agonized over this matter with a heavy heart. One of the seven Judges is my dear mother and client,” he revealed.
“I know the decision by the Supreme Court of Kenya on Ahmednasir Abdullahi SC, Esther Ang’awa and myself on 31st March, 2022 and on Ahmednasir Abdullahi SC and all Advocates in his firm on January 18th 2024 may not have been of her origination.
However, she did not do that which Honourable Mr Justice Evan Gicheru would have done in her position.”
As Kenya watches closely, this explosive petition raises critical questions about the independence and accountability of the highest court in the land.
The Judicial Service Commission now faces an immense responsibility as it begins to process this complaint, which could lead to the unprecedented removal of the entire Supreme Court bench.
