Petitioners seek removal of seven Supreme Court judges over alleged misconduct
The JSC's response will be closely watched as it navigates this sensitive and potentially transformative issue for Kenya's highest court.
A group of 14 petitioners has filed a plea with the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and five other Supreme Court judges.
The petition alleges misconduct, violations of judicial ethics and breaches of the Judicial Service (Code of Conduct and Ethics) Regulations, 2020.
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The petition, filed on January 27, 2025 by Ahmednasir Abdullahi Advocates LLP, claims the alleged actions of the seven judges have undermined the credibility of the Supreme Court, rendering their positions untenable.
Alongside Koome and Mwilu, the other judges named in the petition are Justices Mohamed Khadhar Ibrahim, Dr Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola, and William Ouko.
"The gravity of the misconduct, violations and breach of the code of conduct by the seven justices of the Supreme Court leave no doubt that their positions as justices of the Supreme Court of Kenya are no longer tenable. They must be moved from office in order to preserve the credibility of the Supreme Court," the petition stated.
Assess claims
The petitioners, including Asli Osman Mahamud, Peter Muchoki Gichuru, and Irene Jelagat Koech, are calling on the JSC to assess the claims and determine whether there is sufficient evidence to justify their removal.
They are requesting the JSC to recommend to the President the suspension of the judges and the establishment of a tribunal to investigate the allegations.
Under Article 168 of the Constitution, the process for the removal of a judge involves the JSC evaluating the petition and, if satisfied, advising the President to form a tribunal.
The tribunal would then inquire into the claims and issue binding recommendations to the President.
The petition highlights the gravity of the alleged misconduct, emphasising that removing the judges is necessary to preserve the Judiciary’s integrity.
Judicial independence
This petition marks a critical moment for the Judiciary, raising questions about accountability and judicial independence.
The JSC's response will be closely watched as it navigates this sensitive and potentially transformative issue for Kenya's highest court.
The multiple petitions filed against Chief Justice Martha Koome and other Supreme Court judges, including the one by lawyer Nelson Havi on January 13, 2025, place immense pressure on the Judiciary and the JSC.
These petitions underscore rising concerns over judicial accountability and the perception of integrity within Kenya's highest court.
If the JSC finds merit in the allegations and recommends the formation of tribunals, the investigations could have far-reaching consequences.
These petitions will likely dominate legal and political discourse. In the long term, whether they lead to meaningful changes in the Judiciary will depend on how transparently and fairly the JSC handles these cases, as well as the broader commitment to judicial reform in Kenya.
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