Petition seeks removal of Chief Justice Martha Koome over alleged misconduct and delays
Captain J.N. Wafubwa accuses Chief Justice Martha Koome of abusing her powers, delaying rulings, and denying justice in key court cases.
A petition has been filed with the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome over alleged gross misconduct, incompetence, and violations of the Constitution.
The petition, submitted by Captain J.N. Wafubwa, accuses the Chief Justice of mismanaging the Judiciary and allegedly using her administrative powers to obstruct court processes and deny justice in several ongoing cases.
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In the document received and stamped by the JSC, Wafubwa claims that Justice Koome has turned public courts into "private courts," contrary to constitutional provisions guaranteeing open and public judicial proceedings. He alleges that this has deprived litigants and the public of their right to monitor court decisions and processes.
The petitioner highlights three specific cases — Nairobi Civil Appeal No. E595 of 2024, Kisumu Civil Appeal No. E243 of 2023, and Nairobi Civil Appeal No. 102 of 2013 — claiming that the Chief Justice has either delayed, interfered with, or failed to act on them, despite repeated correspondence.
Withholding judgments
Wafubwa further accuses Justice Koome of deliberately withholding judgments and blocking the determination of appeals in which he is involved, actions he says amount to "gross misconduct and abuse of office."
He also alleges that some judgments delivered under her tenure were "faulty and deceitful," ignoring key evidence or violating constitutional procedure.
The petitioner criticises the Chief Justice for allegedly abandoning the precedent set by her predecessors, who he says resolved court matters within reasonable timeframes. He claims that since Justice Koome assumed office, rulings and reviews have faced "unprecedented delays," and requests for clarification on judgments have gone unanswered.
Wafubwa is asking the Judicial Service Commission to investigate the Chief Justice's conduct, arguing that her leadership has "robbed the people seeking justice of their constitutional rights."
In his prayers, he urges the JSC to find that Justice Koome's actions constitute gross misconduct and incompetence under Article 168(1) and (2) of the Constitution, and to recommend her removal from the position of Chief Justice.
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