Former President of the Law Society of Kenya (LSK) Nelson Havi has penned a letter to Chief Justice Martha Koome, faulting her for the absenteeism of judges from courts.
In the letter dated December 6, 2024, Havi narrated his experience with High Court Judge Justice Lawrence Mugambi over a matter he has in court whose judgment has not been delivered six months after the initial date for delivery.
“The events of today before Honourable Mr Justice Lawrence N Mugambi are illustrative of the concern raised with you yesterday that Judges are forever absent from Court on account of “official duties” and not working,” stated Havi in his letter.
CJ Martha Koome is to blame
Havi stated that the blame is solely on the CJ as Judges are never in court to deliver rulings because they are out on official duties assigned by her.
“My Lady, the Chief Justice, the ultimate responsibility for this sorry state of affairs in the Judiciary is you who assigns and/or authorizes nonjudicial duties to Judges and Magistrates thereby interrupting scheduled judicial proceedings,” stated Havi.
Havi added that the matter has trickled down to the magistrates’ courts, judging from the comments he has received on social media following complaints on the matter.
The judge made two out of seven scheduled judgement deliveries
“I am made to understand that the problem is cascaded to the Magistracy. Ask your media team to review the comments to my post on X and Facebook for the ease of your comprehension of the magnitude of dissatisfaction by the People of Kenya,” he added.
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In his complaint, Havi stated that the judge listed seven judgments for delivery but only delivered two of them, as he had flu.
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The judge further stated that he would deliver some of the outstanding five judgments on notice, over the Christmas Vacation and one on 10th April 2025.
In his response, Havi asked the judge to write to the Chief Justice explaining why the judgments would be delivered outside the required period.
Nelson Havi asks the CJ to respond to his letters
“I asked Honourable Mr Justice Lawrence N Mugambi to write to you in the manner you complained of the Judge now before the Tribunal and give reasons why the 7 Judgments were fixed for delivery outside of the 60 days,” added the former LSK president.
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Havi concluded by imploring the CJ to act upon the letters that he has been sending to her to restore the confidence of the public on the judiciary.
“It is imperative that you act upon my letters of yesterday and today for you to restore the dwindled and ever plummeting confidence of the public in the Judiciary. It will be delighted not to write to you again on this matter,” said Havi in his conclusion.
Nelson Havi was the President of the Law Society of Kenya between 2020 and 2022. He is an advocate of the High Court of Kenya and is the founding partner of Havi & Company Advocates.
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