High Court temporarily prevents CJ Koome and other Supreme Court judges from being removed
In order to provide short-term respite for the beleaguered head of the judiciary, the High Court in Nairobi has prohibited the Judicial Service Commission from hearing petitions to dismiss Chief Justice Martha Koome and her colleagues from the Supreme Court.
Justice Lawrence Mugambi announced the verdict on Friday, February 21, barely two days after a Narok court issued identical directions.
Justice Njoki Ndung’u petitioned the court to halt the appeal for the removal of the seven Supreme Court judges, which resulted to the orders.
“JSC Petition No. 35 of 2024—Dari Limited & 5 others vs. Hon. Chief Justice Karambu Koome & 6 Others and JSC Petition No. 3 of 2025 Nelson Havi vs. Hon. Chief Justice Martha Karambu Koome & 6 Others are hereby suspended and/or stayed pending the hearing and decision of this application inter partes,” Justice Mugambi declared.
Nelson Havi, the former president of the Law Society of Kenya, and others filed a petition to remove the seven judges from the country’s highest court, and this is the first of numerous decisions that are anticipated shortly.
On January 13, Havi submitted a petition to have CJ Koome and the entire seven-judge Supreme Court bench removed. Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko are among them, along with Koome and her deputy Philomena Mwilu.
The JSC received the petition, which accused the judges of egregious misconduct and misbehavior. Among Havi’s complaints is the Supreme Court’s ruling from January of last year prohibiting attorney Ahmednasir Abdullahi and his legal practice from appearing in court.
The JSC responded by asking the involved judges to address the accusations. This led to a legal battle between the judges and JSC, their employer.
Koome, Mwilu, and Ndung’u filed a lawsuit against the JSC on Friday, claiming the Commission lacked the power to examine the rulings and/or justices of the Apex Court.
Koome contended in her plea, which was viewed by Kenyans.co.ke, that the Supreme Court had last say over JSC rather than the other way around. The head of the judiciary went on to say that it is a “mockery of the justice system” that the JSC is considering the petition to remove Supreme Court judges.
“Indeed, it is the Supreme Court that has the ultimate authority over the 1st Respondent (JSC) on matters of removal of Judges of Superior Courts,” she stated.
The legal struggle took shape on Wednesday when the High Court in Narok issued orders quashing a petition requesting the Supreme Court judges submit responses to remove them from office.
In response to the petition for their removal, JSC has requested that the seven Supreme Court justices submit their answers.
The commission was instructed by Justice Charles Kariuki to revoke the instruction requesting that CJ Koome and the other judges reply to three petitions or any others.
But it appears that the case will go on in a number of ways. On Wednesday, March 5, the petition before Justice Mugambi will be discussed once more.
