
Affidavit Filed To Remove CJ Koome, All Supreme Court Judges From Office
On Monday, January 13, former Law Society of Kenya (LSK) President Nelson Havi petitioned the Judiciary Service Commission (JSC) to remove all seven Supreme Court judges.
In the petition, Havi asked the JSC to order President William Ruto to convene a tribunal and begin the process of sacking the seven, accusing them of serious misconduct and misbehaviour, among other things.
“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 incident occurred just one day after Havi handed six of the judges a 24-hour deadline to support his plea for CJ Koome’s resignation or suffer the same outcome.
There is reasonable apprehension in the legal fraternity and the general public that the recent practice of the Supreme Court of Kenya entertaining and determining appeals from the Court of Appeal on civil and commercial matters where colossal amounts of money is involved but… pic.twitter.com/BHgCLnwUnw
— Nelson Havi (@NelsonHavi) January 13, 2025
“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 issues he has made against CJ Koome is a lack of leadership and direction, which is expected of a Chief Justice, particularly when contrasted to former CJ 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 statement read.
Havi also referenced to a 2022 contempt of court verdict in which he, his Assisting attorney Esther Ang’awa, and colleague senior attorney Ahmednassir Abdullahi were found guilty.
“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.
“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 other contentious verdicts given by the seven justices, Havi, Ahmednassir, and other top lawyers have been pushing for CJ Koome’s resignation for months, citing deep-seated corruption inside the institution.
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He did, however, state that he made the decision to apply for their removal because he had a close relationship 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 the 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.”
Affidavit Filed To Remove CJ Koome, All Supreme Court Judges From Office