Former Law Society of Kenya president Nelson Havi, businessman Edwin Dande, Ms Victoria Naishorua, and two firms linked to Captain (Rtd) Kung’u Muigai — Benjoh Amalgamated and Muiri Coffee Estate — filed petitions to remove six judges, including Chief Justice Martha Koome.
The Judicial Service Commission (JSC) dismissed all the petitions. It ruled that none met the constitutional threshold for removal. The judges cleared include Supreme Court judge Isaac Lenaola, Court of Appeal judges Asike Makhandia and Kathurima M’Inoti, and High Court judge Alfred Mabeya.
Mr Havi accused Chief Justice Koome of misconduct. He said she wrongly empanelled a three-judge bench in a case involving her and other Supreme Court judges. He argued she should have delegated the task because of conflict of interest. The JSC rejected his claims. It ruled that empanelment under Article 165(4) is the Chief Justice’s exclusive duty. It cited a Court of Appeal decision that affirmed this power and described her action as a “constitutional necessity.”
The JSC also rejected allegations that she appointed loyal judges. It said judicial appointments are a collective duty, not a personal choice.
Ms Naishorua challenged Justice Lenaola’s role in the estate of the late John Keen. The JSC struck out her petition. It cited the sub judice rule because the case is still before the High Court.
Mr Havi and Mr Dande filed separate complaints against Justice Mabeya. They opposed his rulings in a land dispute and in two Cytonn insolvency cases. The JSC dismissed both complaints. It ruled that the grievances concerned judicial discretion, which can only be challenged on appeal.
The Commission ruled that judges cannot face removal for exercising discretion unless there is proven misconduct.
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