Former Law Society of Kenya (LSK) President Nelson Havi has filed a petition with the Judicial Service Commission (JSC) demanding the removal of all seven Supreme Court judges, citing alleged gross misconduct, misbehavior, and a lack of leadership. The petition, filed on Monday, January 13, also calls on President William Ruto to establish a tribunal to investigate the claims.
Allegations Against the Supreme Court Judges
In his petition, Havi named the following judges:
- Chief Justice Martha Koome
- Philomena Mbete Mwilu
- Mohammed Khadar Ibrahim
- Dr. Smokin Wanjala
- Njoki Ndungu
- Isaac Lenaola
- William Ouko
Havi’s affidavit requests the JSC to recommend to the President the formation of a tribunal to oversee the process of removing the judges. He accuses the judiciary, under CJ Koome’s leadership, of failing to meet the standards of governance expected of the Supreme Court.
Key Complaints Against CJ Koome
- Leadership Concerns:
Havi criticized CJ Koome for failing to provide leadership and direction in the Judiciary, contrasting her leadership style unfavorably with that of former 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,” his affidavit stated.
- Contempt of Court Ruling:
Havi referred to a 2022 contempt of court ruling, in which he, alongside senior counsels Ahmednasir Abdullahi and Esther Ang’awa, were reportedly targeted. He alleges that the judges effectively barred them from appearing before the Supreme Court or succeeding in cases they represented.- “Effective March 31, 2022, the seven judges of the Supreme Court 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.
- Perceived Corruption:
Havi also accused the judiciary under CJ Koome of fostering deep-rooted corruption and issuing biased rulings. He pointed to rulings such as the 2024 decision regarding Ahmednasir Abdullahi SC and his law firm as evidence of judicial malpractice.
Previous Ultimatum
Havi’s petition follows a 24-hour deadline issued on January 12, in which he urged the six other Supreme Court judges to press CJ Koome to resign. Failing this, he vowed to include them in his removal petition.
- “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,” Havi had stated.
Personal Conflict
Despite his harsh criticism of the Supreme Court, Havi expressed a personal conflict, noting his close connection to one of the judges.
- “One of the seven judges is my dear mother and client,” he revealed, but emphasized that her decisions on certain rulings left him with no choice but to include her in the petition.
Call for Tribunal
Havi’s petition is the latest development in his sustained campaign against CJ Koome. Alongside other senior lawyers, including Ahmednasir Abdullahi, he has repeatedly called for reforms in the judiciary, alleging systemic corruption and a lack of impartiality in rulings.
The petition seeks to compel the JSC to recommend to President William Ruto the formation of a tribunal to determine whether the judges should be removed from office.
What’s Next?
If the JSC accepts the petition and recommends action, President Ruto would have to form a tribunal to investigate the allegations. This could set a historic precedent, as removing all Supreme Court judges would dramatically reshape Kenya’s judiciary.
With Havi’s bold move, the country’s legal fraternity and public await the JSC’s decision, which could have far-reaching implications for judicial integrity and governance in Kenya.