Popular Nairobi lawyer Nelson Havi on Saturday, April 26, gave Chief Justice Martha Koome 14 days to appoint a judge bench to listen to a petition filed by the CJ and her fellow Supreme Court judges seeking to stop the Judicial Service Commission (JSC) from listening to petitions seeking her removal.
Through a statement, Havi, a fierce critic of the CJ, asserted that he would renew his battle with Koome, vowing to file another petition against the embattled head of the Judiciary.
“We have given CJ Martha Koome 14 days to appoint a bench of Judges to hear the petition by herself and her 6 colleagues, stopping JSC from considering petitions for their removal,” Havi stated.
“If she does or does not appoint, we will file another petition with the JSC on conflict of interest,” he further added.
On January 13, 2025, Havi filed a petition with the JSC alleging gross misconduct and misbehaviour by all seven Supreme Court judges: CJ Martha Koome, Deputy CJ Philomena Mwilu, and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
In his petition seeking their removal, Havi contended that the Supreme Court had been entertaining appeals lacking significant public interest, particularly in high-stakes commercial cases, suggesting potential corruption and abuse of judicial authority.
In his demands, 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.
His petition came a day after he had given CJ Koome a 24-hour ultimatum to resign, instructing her fellow judges to back his call for Koome’s resignation or face the same fate.
Consequently, the JSC acknowledged receipt of Havi’s petition and kick-started the process that would have led to Koome’s removal.
The Vice Chair’s move was made with immediate rebuttal from Koome and her colleagues, who proceeded to the courts seeking orders prohibiting JSC from considering the petitions.
While suing the JSC on Friday, February 21, Koome termed the recent move by the Commission to listen to petitions seeking the removal of Supreme Court judges as a 'mockery of the justice system'.
The aftermath of this resulted in CJ Koome managing to secure conservatory orders barring the JSC from considering the petitions against the besieged head of the Judiciary and her colleagues.
On April 2, Havi announced a temporary suspension in pursuing the matter to unseat the CJ and her fellow judges. Taking to social media on Wednesday, April 2, Havi stated that this decision had been informed by the pending court orders stopping the JSC from considering any petitions against the seven.
However, the recent development paints the picture that Havi has renewed his quest to oust Koome who has still maintained a brave face and exhibited a strong resolve in fighting off her detractors.
