Former Law Society of Kenya (LSK) President Nelson Havi has demanded the resignation of Chief Justice Martha Koome, citing allegations of deep-seated corruption and inefficiencies within the Kenyan Judiciary. Havi has given CJ Koome a deadline of Tuesday, January 14, 2025, to step down, warning of further action should she fail to comply.
Havi’s Ultimatum to the Judiciary
In a post on X (formerly Twitter) on Sunday, January 12, Havi urged the other six judges of the Supreme Court to intervene and convince CJ Koome to vacate her position. He warned that if they failed to act, he would file a petition for the removal of all seven judges, including CJ Koome, with the Judicial Service Commission (JSC).
“The deadline I gave for CJ Martha Koome to resign is 14-1-2025. The six other judges of the Supreme Court can prevail upon her to go. If they do not, all seven will have to go. They have until tomorrow at 9 am, whereafter I will present a petition for their removal to the JSC,” Havi stated.
Allegations of Corruption and Mismanagement
Havi, alongside other senior counsel, has accused CJ Koome of failing to address corruption and inefficiencies within the Judiciary. Specific concerns raised include:
- Allegations of judges missing crucial sittings without valid reasons or notice.
- Non-judicial duties disrupting judicial proceedings: Havi has criticized CJ Koome for assigning judges non-judicial responsibilities, which he claims interfere with their ability to handle court cases effectively.
Concerns About Delayed Rulings
One of the central issues raised involves High Court Judge Lawrence Mugambi, whom Havi accused of failing to deliver judgments as scheduled. In a letter to CJ Koome on December 6, 2024, Havi expressed frustration over Judge Mugambi delivering only two out of seven rulings on the specified date, citing illness as the reason for the delay.
“Today, Honourable Justice Lawrence Mugambi listed 7 judgments for delivery. Only two were delivered. He said that he was indisposed. He had a bad flu. I told him that the flu could not have lasted for six months since he fixed my matter for delivery of judgment,” Havi wrote.
CJ Koome’s Response
Chief Justice Martha Koome has consistently distanced herself from allegations of corruption and inefficiencies within the Judiciary. She has maintained her integrity, insisting that no one has ever attempted to bribe her in her 22 years as a judge and Chief Justice.
“In all these 22 years I’ve been a judge and a Chief Justice, nobody has ever approached me with a bribe. I would have them arrested,” Koome told the BBC.
Koome has challenged her critics to provide evidence of the alleged corruption to the appropriate authorities, including the Judicial Oversight Commission and security agencies.
Havi Denies Personal Vendetta
While his criticisms of CJ Koome have been sharp, Nelson Havi has denied having a personal vendetta against her.
“I have no evidence or claims of corruption or bribery against CJ Koome. My concern is her tolerance for corruption within the Judiciary,” he said during an interview with Spice FM.
Public Reaction and Implications
The controversy surrounding CJ Koome and Nelson Havi’s demands has sparked widespread debate. Critics of the Judiciary argue that the allegations raised by Havi reflect deeper systemic issues that require urgent attention. Others, however, have questioned Havi’s motives, suggesting that the timing of his demands may be politically motivated.
If Havi proceeds with his petition to the JSC, it could set the stage for an unprecedented challenge to the country’s top judicial officials, potentially reshaping Kenya’s legal landscape.
Conclusion
As the deadline looms, all eyes are on Chief Justice Martha Koome and the Supreme Court judges. Whether CJ Koome steps down or Nelson Havi follows through with his petition, the outcome of this standoff will have far-reaching implications for the Judiciary’s credibility and the public’s trust in Kenya’s legal system.
