The High Court has dismissed a bid by lawyer Nelson Havi to have a three-judge bench recuse itself from hearing petitions seeking the removal of Chief Justice Martha Koome and six Supreme Court judges.
A bench comprising Justices Charles Kariuki, Lawrence Mugambi and Bahati Mwamuye delivered the ruling on Friday, dealing a blow to the petitioners who argued that the panel was improperly constituted. Havi had claimed that Justices Mugambi and Mwamuye were appointed in a manner that raised questions about their independence and suggested loyalty to the Chief Justice.
The court found no merit in the allegations, stating that there were no valid grounds to challenge the judges’ impartiality. The bench also dismissed claims that the judges had been handpicked in a way that compromised the integrity of the proceedings.
The petitions, filed by Havi, former Cabinet Secretary Raphael Tuju, and several lawyers linked to Ahmednasir Abdullahi’s firm, challenge the Judicial Service Commission’s handling of disciplinary proceedings against the Supreme Court judges. The petitioners argue that the JSC process was irregular and want the judges removed from office.
The matter traces back to April 2025 when Justice Mugambi directed Chief Justice Koome to empanel a bench to hear the consolidated petitions. Havi and Ahmednasir protested, insisting that the CJ—being a party in the case—should not have selected the panel. They argued that Deputy Chief Justice Philomena Mwilu should have taken over the assignment.
In its ruling, the High Court reaffirmed that the empanelment was properly done and dismissed the push for Mwilu’s involvement.
The court has set February 26 next year for the hearing of all seven consolidated petitions. It also directed the judges named in the case to file their responses within 14 days.
By Kenyans