Former Law Society of Kenya (LSK) President Nelson Havi has filed complaints against two magistrates, citing gross misconduct, misbehaviour and incompetence.
In two separate letters addressed to the Judicial Service Commission (JSC), Havi accused Justice Josephine Wayua Wambua Mongare and Justice Prof Dr Nixon Sifuna of undermining two separate cases they were handling.
Havi accused Lady Justice Mongare of undermining the rule of law and defeating the ends of justice in the conduct of a case between Gikomba Business Centre Limited and Pumwani Riyadha Mosque Committee.
The period of handling the case was listed as between April 9 and June 23.
"I make a complaint of gross misconduct, misbehaviour and incompetence against Honourable Lady Justice Josephine Wayua Wambua Mongare relating to her handling of HCCCOMM/E610/2024 between 9th April, 2025 and 23rd June, 2025," the claim read.
In his complaint, Havi claimed that the mistake committed by the judge had been very injurious to his clients and him that it could only be remedied through her removal from office.
"I swear this Affidavit in support of the complaint against Honourable Lady Justice Josephine Wayua Wambua Mongare and ask that the Judicial Service Commission recommends to the President of the Republic of Kenya the formation of a Tribunal to remove the Judge from office," he declared.
As for Justice Sifuna, Havi accused him of mishandling a case between an insurance company and the Consumer Federation of Kenya between June 4 and July 16.
"It is improper for Honourable Mr Justice Prof Dr Nixon Sifuna to act intemperately, impertinently, erratically, without care or judicial foresight and wit, but seek to heap blame on me, when I point out his flaw," he claimed.
As such, he asked that JSC write to President William Ruto seeking the formation of a tribunal to remove the Judge from office.
The senior counsel has been on a quest to rid the Judiciary of underperforming judges, calling out slow judicial processes and even the Supreme Court for systemic corruption.
By January 2025, the JSC confirmed that it had received 935 petitions against judges between 2011 and 2024.
"Out of the 935 petitions/complaints received, 862 have been finalised and 12 petitions were forwarded to the President recommending the formation of a Tribunal for removal," JSC announced.
