Judges facing removal bid get small reprieve
Publish date: 10 March 2025
Issue Number: 1116
Diary: IBA Legalbrief Africa
Category: Kenya
The Kenyan High Court has extended conservatory orders barring the JSC from proceeding with three petitions seeking the removal of several Supreme Court judges, including Chief Justice Martha Koome, over alleged misconduct, incompetence and misbehaviour, says a report on the Kenyans site. In what is viewed as a fresh reprieve for Koome and her fellow Supreme Court judges, the new orders extended the case hearing date which had been set at 12-18 March. The new development came after the High Court had, on 21 February, issued orders barring the JSC from considering the petitions against the besieged head of the judiciary and her colleagues. The ruling, issued by Justice Lawrence Mugambi, came two days after a Narok court had issued similar orders. The orders stemmed from a petition filed by Justice Njoki Ndung’u, asking the court to stop the petition seeking the removal of seven Supreme Court judges. The judges troubles began a few months ago after former Law Society of Kenya president Nelson Havi filed a petition with the JSC seeking the removal of all seven judges. In his demands, Havi urged the JSC to compel President William Ruto to form a tribunal and begin the process of firing the seven, accusing them of gross misconduct and misbehaviour, among other issues. His petition came a day after he had given Koome a 24-hour ultimatum to resign, and instructed her fellow judges to back his call for Koome’s resignation or face the same fate. Consequently, the JSC acknowledged receipt of Havi’s petition and kickstarted the process that would have led to Koome’s removal. The infighting within the judiciary has led Kenyans to speculate that the move to go after Koome and her colleagues is politically motivated.