NAIROBI, Kenya — A three-judge bench has been constituted to hear and determine petitions challenging the removal of Chief Justice Martha Koome and four Supreme Court judges from office, in what is shaping up to be one of the most consequential legal showdowns in Kenya’s recent judicial history.
Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye have been appointed to preside over the case, following a High Court directive acknowledging that the matter raises significant constitutional and legal questions warranting determination by a multi-judge bench.
The case stems from a legal challenge mounted by Chief Justice Koome and her Supreme Court colleagues—Justices Njoki Ndung’u, Isaac Lenaola, William Ouko, and Smokin Wanjala—against the Judicial Service Commission (JSC), which is handling petitions seeking their removal.
The High Court has already issued temporary orders halting JSC proceedings in the matter, pending the full hearing and determination of the petitions.
The judges are contesting the procedural legality and impartiality of the removal process.
Legal representation for the respondents, including prominent lawyer Nelson Havi, has questioned the integrity of the process.
Havi argued that Chief Justice Koome, as a petitioner in the case, could not have legally participated in the appointment of a judicial bench to hear a matter in which she is directly involved.
“This creates a clear conflict of interest and undermines the fairness of the judicial process,” Havi said.
The petition and the resulting legal wrangling come at a time when public confidence in the judiciary is under scrutiny, and any decision from the appointed bench will have far-reaching implications for judicial independence, accountability, and separation of powers in Kenya.
The hearings are expected to begin in the coming weeks, with the legal fraternity and the public watching closely for precedent-setting rulings that could redefine the boundaries of judicial oversight and internal accountability.
