Former President of the Law Society of Kenya (LSK), Nelson Havi, has issued an ultimatum to Chief Justice Martha Koome and six other judges of the Supreme Court.
In a strongly worded statement, Havi gave the six Supreme Court judges a 24-hour deadline to persuade Chief Justice Martha Koome to voluntarily resign from her position.
Additionally, Havi set a deadline of January 14, 2025, for Chief Justice Koome to step down, warning that failure to do so would trigger a formal petition for the removal of all seven judges.
“The deadline I gave for C J Martha Koome to resign is 14-1-2025. The six other Judges of the Supreme Court can prevail upon her to go.
“If they do not, all seven will have to go. They have until tomorrow at 9.00 am whereafter I will present a petition for their removal to the JSC,” Havi declared.
Also Read: Martha Koome Given 21 Days Ultimatum Over Complaints on Judges
Nelson Havi and Other Lawyers Pressure CJ Koome
Although Havi did not elaborate on the specific grounds for his demands in the statement, his ultimatum comes amid growing dissatisfaction among members of the legal fraternity regarding recent Supreme Court decisions.
Several lawyers and critics including former LSK President Ahmednasir Abdullahi have raised concerns about judicial independence, transparency, and adherence to constitutional principles.
Supporters have argued that holding judges accountable is necessary to maintain the judiciary’s integrity.
Earlier in December 2024, the Office of the Ombudsman issued a 21-day ultimatum to the Judiciary Service Commission (JSC) to improve transparency in handling complaints against judges.
The JSC was directed to publish detailed information on complaints and petitions lodged against judges, including responses, analyses, and determinations, on its website and other public platforms, in accordance with Section 5 of the Access to Information Act, 2016.
This directive follows statistics revealed by Jacqueline Ingutiah, a member of the JSC and Chairperson of the Committee on the Administration of Justice, during an interview on Spice FM.
Also Read: How to Remove Martha Koome from Office: What the Law Says and Process
How to Remove Koome from Office
According to the Constitution, the process of removing Koome from office is similar to that of a superior judge but with a slight difference.
The CJ or judge of a superior court may be removed from office only on the grounds of
i) Inability to perform the functions of office arising from mental or physical incapacity.
ii) A breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament.
iii) Bankruptcy.
iv) Incompetence.
v) Gross misconduct or misbehaviour.
The Judicial Service Commission (JSC) may initiate the removal of a CJ or a judge either on its own motion or through a petition from any person.
A person’s petition to the JSC must be in writing and set out the alleged facts constituting the grounds for the judge’s removal.
The JSC shall consider the petition and, if it is satisfied that the petition discloses a ground for removal send the petition to President William Ruto.
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