16 January 2025 at 14:36JSC has announced that it has received a petition against CJ Martha Koome and the entire Supreme Court benchChief Justice Martha KoomeThe Judicial Service Commission (JSC) has announced that it has received five new petitions against judges since the start of 2025, including one targeting all seven members of the Supreme Court, including Chief Justice Martha Koome.
This update was shared in a press release issued on Thursday, January, 16 by JSC Vice Chairperson Isaac Rutto.
Since 2011, the JSC has handled 935 petitions against judges. Of these, 862 have been concluded, and 12 were escalated to the President with recommendations for tribunals to determine the removal of the implicated judges.
Currently, 73 petitions are at various stages of processing.
The Commission reaffirmed its commitment to handling these matters with impartiality, in line with constitutional provisions and established procedures.
Supreme Court Under ScrutinyA petition dated January 10, 2025, filed by former Law Society of Kenya President Nelson Havi, accuses the entire bench of the Supreme Court of gross misconduct.
The petition, received on 13th January, targets:
Chief Justice Martha Koome
Deputy Chief Justice Philomena Mwilu
Justice Mohammed Ibrahim
Justice Dr. Smokin Wanjala
Justice Njoki Ndung’u
Justice Isaac Lenaola
Justice William Ouko
Havi’s accusations have not been disclosed in detail, but the case is expected to attract significant public and legal attention, given the stature of the judges involved.
High Court Judges Also ImplicatedHon. Justice Alfred Mabeya of the High Court is facing two separate petitions:
One filed by Nelson Havi on January 10, 2025, alleging gross misconduct.
Another was lodged by Edwin Harold Dande on December 16, 2024, raising similar concerns.
Additionally, Havi has filed another petition against Hon. Justice Lucas Leperes Naikuni, accusing him of incompetence in discharging his judicial duties.
JSC Assures Fair ProcessThe JSC reiterated its commitment to handling all complaints with transparency and fairness, ensuring adherence to the rule of law and the Fair Administrative Action Act.
“The JSC believes in equality before the law and assures all Kenyans that it shall always act independently without fear, favour, or prejudice,” said Rutto in the statement.
The Commission also highlighted its well-established procedures for addressing petitions, developed in line with the Constitution, the Judicial Service Act, and international best practices.
The new petitions, particularly those involving the Supreme Court, are likely to reignite discussions around judicial accountability and the balance between maintaining judicial independence and enforcing standards of conduct.
If the JSC finds the petitions to be valid, it will recommend President William Ruto to suspend the judges and appoint a tribunal to inquire into the matter expeditiously and report on the facts and make binding recommendations.
Kenyans will be watching closely as the JSC begins the process of reviewing these complaints, with the outcomes likely to have far-reaching implications for the country’s judiciary.
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