Nelson Havi files petition seeking removal of all Supreme Court judges
Lawyer Nelson Havi in a petition seeks the removal of CJ Martha Koome and all Supreme Court judges from office
Lawyer Nelson Havi in a petition seeks the removal of CJ Martha Koome and all Supreme Court judges from office.
Former Law Society of Kenya (LSK) President Nelson Havi on Monday, January 13, filed a petition to the Judiciary Service Commission (JSC) calling for the removal of all seven Supreme Court judges.
In the petition, Havi urged the JSC to compel President William Ruto to form a tribunal and begin the process of firing the seven accusing them of gross misconduct and misbehaviour among other issues.
“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 recommends to the President of the Republic of Kenya the formation of a Tribunal to remove the Judges from office,” part of the affidavit read.
This development came just a day after Havi gave six of the judges a 24-hour deadline to back his call for the resignation of CJ Koome or face the same fate.
“The deadline I gave for CJ Martha Koome to resign is 14-1-2025 (January 14). The six other Judges of the Supreme Court can prevail upon her to go,” Havi wrote in his January 12 ultimatum.
“If they do not, all seven will have to go. They have until tomorrow at 9:00 am whereafter I will present a petition for their removal to the JSC.”
Among the complaints he has listed concerning CJ Koome is the lack of leadership and direction as expected of a Chief Justice.
“Honourable Lady Justice Martha Karambu Koome has failed to provide leadership and direction for the Supreme Court of Kenya and the entire Judiciary,” his statement read.
Havi also referred to a 2022 contempt of court ruling in which he, alongside his Assisting Counsel Esther Ang’awa and fellow senior counsel Ahmednassir Abdullahi, were convicted.
“I know that effective March 31, 2022, the seven Judges of the Supreme Court of Kenya acting through Honourable Lady Justice Martha Karambu Koome 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,” the affidavit read.
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“To that end, when the petition challenging the election of President William Ruto was filed, the seven Judges of the Supreme Court of Kenya acting through Honourable Lady Justice Martha Karambu Koome sent a message that the two of us I should not appear in the matter. We obliged and stayed away.”
As a result of this and several other controversial rulings issued by the seven judges, Havi, Ahmednassir and other senior lawyers have been calling for the resignation of CJ Koome for months citing deep-rooted corruption in the institution.
He, however, noted that the decision to file for their removal as he had a close connection with one of the judges.
“I have agonised over this matter with a heavy heart. One of the seven Judges is my dear mother and client,” he noted.
“I know the decision by Supreme Court of Kenya on Ahmednasir Abdullahi SC, Esther Ang’awa and myself on 31st March, 2022 and on Ahmednasir Abdullahi SC and all Advocates in his firm on 18th January, 2024 may not have been of her origination. However, she did not do that which Honourable Mr Justice Evan Gicheru would have done in her position.”
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