The High Court in Nairobi has issued a temporary order barring the Judicial Service Commission (JSC) from considering petitions seeking the removal of Chief Justice Martha Koome and her colleagues in the Supreme Court.
This ruling, delivered by Justice Lawrence Mugambi on Friday, February 21, provides a reprieve for the embattled head of the Judiciary and the seven-judge Supreme Court bench.
The ruling follows a similar order issued by a Narok court earlier in the week.
The case stems from a petition filed by Justice Njoki Ndung’u, seeking to halt the petitions against the Supreme Court judges.
Justice Mugambi’s Ruling
In his ruling, Justice Mugambi stated:
“That a conservatory order is hereby issued staying and/or suspending JSC Petition No. 35 of 2024—Dari Limited & 5 others vs Hon. Chief Justice Karambu Koome & 6 Others and JSC Petition No. 3 of 2025 Nelson Havi vs Hon. Chief Justice Martha Karambu Koome & 6 Others pending the hearing and determination of this Application inter partes.”
This ruling marks the first of several expected decisions in response to petitions seeking the removal of CJ Koome and the entire Supreme Court bench.
Nelson Havi’s petition
Former Law Society of Kenya (LSK) President Nelson Havi filed a petition on January 13, seeking the removal of the Supreme Court judges over alleged gross misconduct. The seven judges facing ouster are: Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justice Mohamed Ibrahim, Justice Smokin Wanjala, Justice Njoki Ndung’u, Justice Isaac Lenaola, and Justice William Ouko.
Havi’s petition, submitted to the JSC, accuses the judges of misconduct, citing their decision to bar lawyer Ahmednasir Abdullahi and his law firm from appearing before the Supreme Court—a ban issued in January 2023.
Legal battle between Judges and JSC
Following Havi’s petition, the JSC requested responses from the accused judges, sparking a legal showdown between the Supreme Court judges and the Judiciary’s disciplinary body.
On Friday, February 21, CJ Koome, Deputy CJ Mwilu, and Justice Ndung’u sued the JSC, arguing that the commission lacks the authority to review Supreme Court rulings or initiate removal proceedings against Apex Court judges.
Koome, in her petition, stated: “Indeed, it is the Supreme Court that has the ultimate authority over the JSC on matters of removal of Judges of Superior Courts.”
She further described the JSC’s decision to entertain the petitions as a “mockery of the justice system.”
Despite the High Court’s temporary orders, the legal battle is far from over. Justice Mugambi’s court will mention the case again on Wednesday, March 5, as the Supreme Court judges fight to maintain their positions amid mounting pressure.
