Nelson Havi, the former Law Society of Kenya (LSK) President, who has been fighting to unseat Chief Justice Martha Koome and the other Supreme Court judges, has announced a temporary suspension in pursuing the matter.
Taking to social media on Wednesday, April 2, Havi stated that this decision had been informed by the pending court orders stopping the Judiciary Service Commission (JSC) from considering any petitions against the seven.
Although he has continued the onslaught against the Supreme Court on social media despite the court orders, he stated that those discussions would cease until determinations are made by the three High Court judges who gave the conservatory orders.
The petitions, filed by the Justices in question and other interested parties, are expected to be heard this month, starting on April 3 by Justice Bahati Mwamuye, then another one on April 11 by Justice Charles Kariuki, and lastly on April 25 by Justice Lawrence Mugambi. In a preliminary objection, Havi argued that the High Court lacked the power to interfere in JSC proceedings regarding the removal of Supreme Court judges.
In the meantime, Havi has insisted that he will continue highlighting the misconduct of high court judges and magistrates.
"We have suspended discussion on 7 embattled Supreme Court Judges until after the decisions by Bahati Mwamuye J on 3-4-2025, Charles Kariuki J on 11-4-2025, and Lawrence Mugambi J on 25-4-2025," Havi stated.
"In the meantime, we continue enforcing the law on High Court Judges and Magistrates."
Havi took his battle against the misconduct and misbehaviour in the apex court to court on January 13, when he filed a petition to remove all seven Supreme Court judges.
Initially focusing on CJ Koome, his attention switched to all the justices after a plea to have the other six collaborate with him and offer him evidence to back his claims failed to materialise.
“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.
Although fellow senior counsel Ahmednassir Abdullahi quickly backed him with a similar petition of his own, their efforts were temporarily blocked by back-to-back conservatory orders issued by the three high court justices.
Justices Koome, Mwilu, and Ndung’u sued the JSC, arguing that the Commission had no authority to review the decisions and/or judges of the Supreme Court of Kenya.
