The High Court has dealt a setback to a petitioner represented by Nelson Havi, the former Law Society of Kenya president, who had filed a petition seeking the removal of Chief Justice Martha Koome and six other Supreme Court judges.
On Friday, a three-judge panel rejected the petitioner's request for them to recuse themselves from hearing the seven consolidated petitions challenging the Judicial Service Commission’s (JSC) disciplinary role over Supreme Court judges.
Consisting of Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye, the bench declined Havi's request to recuse itself, ruling that there were no valid grounds to challenge the composition of the panel assigned to hear the case.
At the same time, the judges dismissed allegations questioning their independence, as well as claims that Justices Mugambi and Mwamuye had been selected in a manner that compromised their impartiality or suggested loyalty to Chief Justice Koome.
The petitions allege irregularities in the JSC’s disciplinary proceedings against the Supreme Court judges and seek their removal from office.
The court set February 26 next year as the date for hearing all seven petitions, and directed the affected judges to file their affidavits within 14 days.
Among the petitioners in the case alongside Havi are former Cabinet Secretary Raphael Tuju and several lawyers associated with lawyer Ahmednasir Abdullahi's firm.
In April 2025, Justice Lawrence Mugambi directed Chief Justice Koome to empanel a bench to hear and determine the petitions challenging the judges’ removal.
Havi and Ahmednasir opposed the empanelment, arguing that the Chief Justice, who is a party to the case, should not select the judges.
In the 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 graft and misuse of judicial authority.
In its Friday ruling, the court also dismissed the argument that Deputy Chief Justice Philomena Mwilu should have appointed the bench.
Initially, CJ Koome, who also serves as the President of the Supreme Court, alongside the DCJ and Justices Njoki Ndung'u, Isaac Lenaola, William Ouko, and Smokin Wanjala, had moved to the High Court to challenge the JSC's handling of petitions seeking their removal.
