Nelson Havi, a former president of the Law Society of Kenya, has submitted a comprehensive affidavit to the Judicial Service Commission (JSC), seeking the removal of Honourable Mr. Justice Alfred Mabeya from the High Court.
Havi’s affidavit, shared widely across legal advocacy platforms, accuses Justice Mabeya of patent incompetence and gross misconduct in handling cases.
Citing previous cases, Havi asserts that maintaining the integrity of the legal system requires adherence to the rule of law, and that deviations cannot be justified as judicial discretion.
In his advocacy, Havi references the previous removal of Justice Joseph Mbalu Mutava from the High Court following a similar process, highlighting the JSC’s responsibility to act on complaints of judicial misconduct.
He stresses the necessity of creating a system where judges are held accountable for their decisions, especially when those decisions threaten the legal rights of litigants.
Havi has also invited affected advocates and litigants who have experienced judicial misconduct to join his cause.
The Judiciary came under harsh criticism over handling of cases, prompting PLO Lumumba to seek audience with the Chief Justice Martha Koome.
CJ Koome announced that a meeting was set in place to address litigants concerns that will involve judicial officers.
