Written by Lisa Murimi
Chief Justice Martha Koome has constituted a three-judge bench to hear high-profile petitions challenging the removal of five Supreme Court judges, including herself.
Justice Charles Kariuki will preside over the bench, sitting alongside Justices Bahati Mwamuye and Lawrence Mugambi.
The move follows a heated legal battle involving multiple petitions citing alleged integrity violations against the Supreme Court judges, spearheaded in part by former Law Society of Kenya (LSK) President Nelson Havi.
Havi has accused the court of entertaining appeals lacking national importance, especially in complex commercial disputes, implying judicial misconduct and abuse of authority.
Earlier on April 10, Justice Mwamuye dismissed an application by Havi and other parties—including allies of lawyer Ahmednasir Abdullahi and Dari Limited, linked to ex-Jubilee Secretary General Raphael Tuju—seeking to strike out petitions filed by Deputy Chief Justice Philomena Mwilu and Justice Mohamed Ibrahim.
Mwamuye ruled the petitions raised constitutional questions, warranting empanelment by the Chief Justice.
The court also barred the Judicial Service Commission (JSC) from proceeding with the contested removal petitions until the matter is resolved.
Critics, including Havi, argue Koome has a conflict of interest and should not have appointed the bench.
Koome, along with Justices Njoki Ndung’u, Isaac Lenaola, William Ouko, and Smokin Wanjala, has moved to court to challenge the JSC’s handling of the petitions.
The case could set a legal precedent for judicial accountability and the limits of the JSC’s powers. A ruling is expected to shape the future of Kenya’s top court.
