Wamuzi News Ke
A formal petition has been filed seeking the immediate resignation of Chief Justice Martha Koome, citing gross misconduct and breach of judicial ethics. Former Law Society of Kenya (LSK) President Nelson Havi has dropped a legal bombshell on the judiciary, accusing Justice Koome of manipulating court processes to serve personal interests.
At the heart of the petition is her controversial decision to handpick judges to preside over a High Court case — one in which she is a direct petitioner.Alarming Conflict of Interest?
The case revolves around a lawsuit filed by all seven Supreme Court judges — including Koome herself — challenging disciplinary actions initiated by the Judicial Service Commission (JSC).
In a move that has sparked outrage, Justice Koome assigned the matter to a three-judge bench featuring Justices Lawrence Mugambi and Bahati Mwamuye — judges with relatively short experience on the bench and whom she allegedly helped recruit while chairing the JSC.
Havi argues that Koome’s actions were not only unethical but also strategically designed to influence the outcome of a case that could ultimately land before the Supreme Court — the very court she leads.
“She Cannot Be the Player and the Referee”According to the 17-page affidavit filed on Friday, Havi insists that Koome’s interference undermines the principle of judicial independence and violates the Constitution.
“This is gross misconduct,” Havi declares, calling her role in assigning the judges a “textbook conflict of interest.”He suggests that the complexity of the case demanded a seasoned bench — preferably five or seven judges with long-standing judicial experience and diverse legal philosophies.
Instead, Koome allegedly bypassed more qualified judges, including the Presiding Judge of the Constitutional and Human Rights Division.Justice Charles Kariuki, with over two decades of judicial experience, was the only judge on the panel with substantial seniority.
Ethnic Bias and Ethical Breach?In a dramatic claim likely to stir national debate, Havi points out that Koome and Justice Mugambi share an ethnic background and come from the same county — raising questions of tribal favoritism in judicial appointments.
He also draws parallels with international cases, comparing Koome’s conduct to that of former Gibraltar Chief Justice Derek Schofield, who was removed for initiating proceedings in a lower court over a matter affecting him personally.
Judiciary on the Brink?The petition goes further to suggest that Chief Justice Koome should have delegated the power to assign judges to another authority — just as former CJ David Maraga did when he recused himself from a politically charged case in 2021.
“This is not just a lapse in judgment — it is a direct attack on the integrity of our justice system,” Havi stated.Citing Article 168 of the Kenyan Constitution, Havi has called for the formation of a tribunal comprising superior court judges from common-law jurisdictions to investigate the suitability of Justice Koome to continue holding office.
What’s Next for the Judiciary?As Kenya watches with bated breath, this unfolding legal drama threatens to plunge the country’s top court into uncharted territory.
The petition has ignited fierce debates over judicial transparency, the limits of power, and the very soul of Kenya’s constitutional democracy.Justice Koome is yet to respond publicly to the allegations.
