By George Wagata
Chief Justice Martha Koome has petitioned the High Court to suspend ongoing proceedings at the Judicial Service Commission (JSC) regarding two petitions seeking her removal from office.
In court documents filed at the Milimani Law Courts, CJ Koome argues that the JSC lacks the jurisdiction to hear complaints against Supreme Court judges, including herself.
She contends that matters concerning the removal of judges are strictly governed by Article 168(1) of the Constitution, which outlines specific grounds for removal—mental or physical incapacity, bankruptcy, incompetence, or gross misconduct. According to Koome, none of these conditions apply in her case.
The petitions in question were filed by lawyer Nelson Havi and Christopher Rosana. Havi’s petition challenges the conduct of Supreme Court judges during the March 2022 Building Bridges Initiative (BBI) ruling, while Rosana’s petition questions the JSC’s decision to bar the Ahmednasir Abdullahi law firm from representing clients before the Supreme Court.
Koome warns that if the JSC proceeds with the petitions, it would set a dangerous precedent that could undermine judicial independence. She maintains that the Supreme Court, as the country’s highest judicial authority under Article 163 of the Constitution, must be shielded from undue external influence.
Legal experts anticipate a high-stakes court battle, with the High Court set to hear arguments in the coming days.
The outcome could have far-reaching implications for the judiciary’s autonomy and the interpretation of constitutional provisions governing the removal of judges.
