Former Law Society of Kenya (LSK) President Nelson Havi has filed a petition with the Judicial Service Commission (JSC) seeking the removal of all seven Supreme Court judges, accusing them of gross misconduct and misbehavior.
The petition, filed on Monday, January 13, urges the JSC to recommend to President William Ruto the formation of a tribunal to begin the process of their removal.
In the affidavit, Havi named Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
“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 recommend to the President of the Republic of Kenya the formation of a tribunal to remove the judges from office,” the affidavit states.
The petition follows an ultimatum issued by Havi on January 12, in which he demanded that six of the judges compel Chief Justice Koome to resign by January 14 or face collective 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. If they do not, all seven will have to go,” Havi declared.
In his complaints, Havi accused Chief Justice Koome of failing to provide effective leadership for the Supreme Court and the Judiciary.
He contrasted her tenure with that of former Chief Justice Evans Gicheru, who he said demonstrated firm guidance.
Havi also cited a 2022 contempt of court ruling, alleging that the Supreme Court barred him and Senior Counsel Ahmednasir Abdullahi from appearing before it, with decisions predetermined against them.
“Effective March 31, 2022, the seven judges of the Supreme Court, acting through CJ Koome, resolved that Ahmednasir Abdullahi SC and I would not appear before them and, if we did, we would lose any case in which we acted,” he claimed.
Havi further mentioned an election petition filed in 2022, alleging that the judges conveyed a message discouraging his participation.
“When the petition challenging the election of President William Ruto was filed, the seven judges sent a message that Ahmednasir Abdullahi SC and I should not appear in the matter. We obliged and stayed away,” he stated.
The petition also highlights what Havi called a pattern of controversial rulings and alleged corruption within the Supreme Court, prompting calls for the resignation of Chief Justice Koome for months.
Havi acknowledged the personal difficulty of filing the petition, noting a close connection with one of the judges.
“I have agonized over this matter with a heavy heart. One of the seven judges is my dear mother and client,” he revealed, adding that while he believed she may not have originated some decisions, she failed to act as decisively as former CJ Gicheru would have in similar circumstances.
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