JSC Ready to Handle Petitions Targeting Chief Justice Martha Koome

Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
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What began as a social media rant by a group of lawyers over alleged graft and misconduct has escalated into the process of removing Supreme Court judges, including Chief Justice Martha Koome.

The fate of the Chief Justice is now hanging by a thread after the Judicial Service Commission (JSC) kickstarted the process that might lead to her removal.

This followed the Commission's receipt of a petition from lawyer Nelson Havi, requesting the removal of the Chief Justice and other Supreme Court Justices.

Speaking on Thursday, January 16, after a meeting with the JSC members, JSC Vice Chairman Isaac Ruto acknowledged receipt of the petition and revealed that the allegations would be considered on their merit before recommendations are submitted to President William Ruto.

Nelson Havi, the former Law Society of Kenya President speaking during a past event in Nairobi.
Nelson Havi, the former Law Society of Kenya President speaking during a past event in Nairobi.
Nelson Havi

Lawyer Nelson Havi filed a petition on January 10, 2025, seeking the removal of CJ Koome, Deputy Chief Justice Philomena Mwilu, and Supreme Court Judges Mohammed Ibrahim, Smokin Wanjala, Lady Justice Njoki Ndungu, Isaac Lenaola, and William Ouko.

“Since the beginning of 2025, the JSC has received five petitions/complaints against judges. The JSC acknowledges receipt of a petition dated 10 January 2025, filed by Mr Nelson Havi against the said Judges of the Supreme Court of Kenya,” Ruto read from part of the statement.

In the petition, Havi argues that the judges should be removed on the grounds of misconduct, graft, and misbehaviour.

"The complaints filed will be dealt with by the processes and procedures developed and in compliance with the rule of law and the Fair Administrative Action Act. The JSC reaffirms its unwavering commitment to its constitutional mandate to protect the independence of the judiciary while holding it accountable," the statement continued.

Furthermore, Isaac Ruto confirmed that two separate petitions had been lodged against High Court Justice Alfred Mabeya, citing allegations of gross misconduct and misbehavior.

The complaints were filed by lawyer Havi and Edwin Dande, the CEO of Cytonn Kenya.

For her part, CJ Koome dismissed the petition and revealed that she would not be resigning anytime soon, insisting that she would serve until her tenure is complete. Koome reaffirmed that she would not yield to intimidation.

"You asked me whether I would resign. I would also ask you, why would I resign? I have a tenure; I was appointed to serve for a tenure, and you have not given me reasons why you would want me to resign," the CJ said.

The JSC comprises 11 commissioners and a Secretary, who is the Chief Registrar of the Judiciary. In considering the petitions, since CJ Koome is among those named, she will not sit during the deliberations, which will be led by her Vice Chairperson, Ruto.

JSC
Judicial Service Commission Vice Chairperson Isaac Rutto, January 16, 2025.
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Judicial Service Commission