The Supreme Court is the apex of justice and rule of law in Kenya.
The President of the Supreme Court is the Chief Justice of the republic of Kenya. The Honorable Lady Justice Martha Koome.
Justice Koome is the first female CJ of the Republic of Kenya. And the leader of the third arm.of Government, after the Executive and Parliament.
The office she holds is well defined in the Constitution. Justice Koome removal from.office is captured under Article 168 of the Constitution.
Lawyer Ahmed Nassir Abdullahi (SC) and his bossom friend (protege? Nelson Havi) have vigorously pushed for the disbandment of the entire Supreme Court over corruption allegations. Even coined ‘JurisPesa’ to better define the ‘ills’
Nelson Havi has specifically called out Justice Isaac Lenaola over graft, involving the handling of the Captain Kungu Muigai land saga.
Muigai has penned a statement with DCI alleging that slain advocate Kyalo Mbobu had evidence linking Lenaola to corruption.
So the Supreme Court has now become a crime scene…
What is the implication here? The entire Supreme Court could be sent packing by the JSC.
Were this to happen, the President will be compelled to form 7 tribunals to try each Judge.
Tribunals take between one and two years. At the very least, unless the judge on trial opts to resign.
With two years remaining to the next General elections, there will hardly be time to hire new Supreme Judges to determine Presidential election dispute.
Since the 2010 constitution, the Supreme Court has determined all three Presidential outcomes:
Justice Mutunga…upheld Uhuru election over Raila in 2013.
Justice Maraga invalidated Uhuru win, ordered repeat polls in 2017
Justice Koome dismissed Raila petition in 2022.
A Constitutional crisis awaits Kenya should the entire Supreme Court bench be dismissed.
