Havi challenges bench hearing ouster of Supreme Court judges, seeks disqualification
In his application, Havi cites a conflict of interest and lack of impartiality, arguing that the judges were appointed by Chief Justice Martha Koome, who is herself a petitioner contesting her removal from office.
Former Law Society of Kenya (LSK) President Nelson Havi has filed an urgent application seeking the recusal of a three-judge bench appointed to determine more than seven petitions calling for the removal of all Supreme Court judges.
In his application, Havi cites a conflict of interest and lack of impartiality, arguing that the judges were appointed by Chief Justice Martha Koome, who is herself a petitioner contesting her removal from office.
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The bench comprises Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye.
Havi is seeking the disqualification of the current bench from hearing and determining the consolidated cases.
“I seek that Justices Kariuki, Mugambi, and Mwamuye recuse themselves from further hearing the seven consolidated petitions herein,” Havi states in court documents.
He argues that Chief Justice Koome, a petitioner in one of the consolidated cases- Nairobi Constitutional Petition No. E083 of 2025- acted unlawfully by assigning the same three judges to hear her petition and those filed by her fellow Supreme Court colleagues.
Havi wants the matter referred to Deputy Chief Justice Philomena Mwilu, who he proposes should appoint a fresh bench excluding the three judges currently assigned.
He also seeks the formation of a separate, independent bench, constituted by CJ Koome, to hear petitions filed by the other six Supreme Court judges: DCJ Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
He maintains that, as a petitioner in one of the matters, the Chief Justice is legally barred from assigning High Court judges to hear petitions in which she is personally involved.
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