Former Law Society of Kenya (LSK) President Nelson Havi has filed a petition with the Judiciary Service Commission (JSC), calling for the removal of all seven Supreme Court judges.
The petition, submitted on Monday, January 13, urges the JSC to recommend that President William Ruto establish a tribunal to investigate and potentially remove the judges, citing allegations of gross misconduct and misbehavior.
“I swear this affidavit to support the complaint against Justices Martha Karambu Koome, Philomena Mbete Mwilu, Mohammed Khadar Ibrahim, (Dr.) Smokin C Wanjala, Njoki Ndungu, Isaac Lenaola, and William Ouko. I request that the Judicial Service Commission recommend to the President of the Republic of Kenya the formation of a tribunal to remove these judges from office,” Havi stated in his affidavit.
Havi’s petition follows a 24-hour ultimatum he issued to six of the judges on January 12, demanding their support for CJ Koome’s resignation.
“The deadline I gave for CJ Martha Koome to resign is January 14, 2025. The six other Supreme Court judges can persuade her to step down,” Havi wrote in his January 12 ultimatum.
“If they fail to do so, all seven judges will have to go. They have until tomorrow at 9:00 am, after which I will submit a petition for their removal to the JSC,” he added.
Allegations of Misconduct and Corruption at the Heart of the Petition
Havi’s petition criticizes CJ Koome for what he perceives as a lack of leadership and direction, contrasting her with former Chief Justice Evans Gicheru.
“Unlike Honourable Justice Evans Gicheru, Honourable Justice Martha Karambu Koome has failed to provide leadership and direction for the Supreme Court of Kenya and the entire Judiciary,” Havi’s statement read.
Havi also referenced a 2022 contempt of court ruling where he, along with his Assisting Counsel Esther Ang’awa and senior counsel Ahmednasir Abdullahi, were convicted.
“I know that, effective March 31, 2022, the seven Supreme Court judges, led by Honourable Justice Martha Karambu Koome, decided that Ahmednasir Abdullahi SC and I would not be allowed to appear before them, and if we did, we would lose any case in which we were involved,” the affidavit stated.
Havi highlighted how this decision influenced their absence from a case challenging President William Ruto’s election.
“When the petition challenging President William Ruto’s election was filed, the seven judges, under Honourable Justice Martha Karambu Koome’s direction, sent a message that we should not appear in the case. We complied and stayed away,” he added.
This petition is the culmination of months of criticism from Havi, Ahmednasir, and other senior lawyers, who have repeatedly called for CJ Koome’s resignation, citing deep-seated corruption within the judiciary.
Havi’s Close Relationship with One of the Judges
Despite the professional nature of the petition, Havi expressed personal difficulty due to his close relationship with one of the judges involved.
“I have struggled with this matter with a heavy heart. One of the seven judges is my dear mother and client,” he noted.
“I understand that the Supreme Court’s decisions on March 31, 2022, regarding Ahmednasir Abdullahi SC, Esther Ang’awa, and myself, as well as the decision on January 18, 2024, concerning Ahmednasir and all advocates in his firm, may not have originated from her. However, she failed to take the actions that Honourable Justice Evans Gicheru would have taken in her position,” Havi added.
This high-stakes legal battle is expected to further intensify the already charged atmosphere within Kenya’s judiciary.
