LSK Calls Removal Of Supreme Court Judges Process Disruptive

The Law Society of Kenya (LSK) has raised concerns over the ongoing process to remove seven Supreme Court judges, including Chief Justice Martha Koome, calling it “disruptive.”

In a statement on Wednesday, LSK President Faith Odhiambo criticized the institutions handling the matter, saying their approach has not been constructive.

“The LSK is concerned that both the allegations against the seven Supreme Court judges and the manner in which they have been handled have taken a disruptive approach,” Odhiambo said.

She urged the institutions involved to follow a more constructive and credible process, warning that failure to do so could embarrass the Supreme Court and the entire Judiciary.

“The relevant institutions should ensure a legitimate and credible process because this matter is of significant public interest. If not handled properly, it could damage the reputation of the apex court and weaken public confidence in the Judiciary,” she added.

Odhiambo acknowledged that the petitions before the Judicial Service Commission (JSC) raise serious concerns about the Supreme Court’s competence, neutrality, and independence.

“It is crucial that these petitions are determined quickly to establish their credibility and address growing concerns over the integrity of the court. If the matter drags on, public trust in the Judiciary could be undermined,” she said.

Over the past few months, the Supreme Court has faced public scrutiny following allegations of gross misconduct, incompetence, and violations of the Judicial Service (Code of Conduct and Ethics) Regulations. These allegations have led to several petitions being filed before the JSC, seeking the removal of all seven Supreme Court judges under Article 168 of the Constitution.

In response, several petitions have also been filed in the High Court challenging the JSC’s handling of the removal process. The High Court is now tasked with determining whether the process follows constitutional guidelines and respects due process.

So far, the court has issued orders in relation to the cases, and the legal process is expected to take its course.

The Supreme Court plays a crucial role in Kenya’s justice system, as its decisions are final and binding on all other courts. Given its importance, Odhiambo emphasized the need for a fair and transparent process.

“Article 168 of the Constitution allows for the removal of a judge for reasons such as physical or mental incapacity, breach of the code of conduct, bankruptcy, incompetence, or gross misconduct. However, the process must be carried out in a lawful and fair manner,” she said.

The LSK has pledged to closely monitor the entire process and participate in legal proceedings related to the case.

“Given the seriousness of the allegations and the legal issues at play, LSK will seek to be enjoined in the suits,” Odhiambo said.