JSC rejects Nelson Havi’s petition to remove Justice Mabeya

City lawyer Nelson Havi has suffered a setback after the Judicial Service Commission (JSC) dismissed his bid to have High Court Judge Alfred Mabeya removed over claims of misconduct.

In a decision delivered on Friday, the Commission, chaired by Chief Justice Martha Koome, held that the petition filed by the former Law Society of Kenya president was effectively inviting it to sit on appeal in a matter where the judge had already rendered a decision.

The JSC noted that entertaining such a petition would amount to reviewing or sitting on appeal against a court decision, a function that lies outside its jurisdiction.

“In relation to your allegation that there is a scheme between the Judge and some advocates to obtain favourable orders, and your request that the Commission reviews all matters handled by Justice Mabeya in which an advocate had acted, the Commission observed that the allegations were not specific but generalised,” the JSC said.

Havi lodged the petition seeking Justice Mabeya’s removal following the judge’s verdict against his client, Riyadha, in a land lease dispute.

In his ruling, Justice Mabeya declined to strike out Gikomba’s case after finding that it involved a breach of contract and was therefore properly before the Commercial Court.

The Commission further noted that the dispute between the Pumwani Riyadha Mosque Committee and Gikomba Business Limited had already been settled by the Court of Appeal last month.

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