CJ nominee Martha Koome threatens to sue Havi for defamation

Havi has been asked to apologise in writing to Justice Koome within seven days.

In Summary

• Justice Koome has demanded that Havi do immediately withdrew, retract, revoke and take back the whole of the memoranda.

• Nelson Havi had accused Justice Koome of how she handled the appeal relating to the election of LSK male member representative to JSC in 2019.

Chief Justice Nominee Justice Martha Koome.
Chief Justice Nominee Justice Martha Koome.
Image: FILE

Chief Justice nominee Justice Martha Koome has indicated that she will sue Law Society of Kenya President Nelson Havi over the "embarrassment, ridicule, and odium" she has suffered following his utterances.

Through P.M Kamaara and Associate advocates, Koome said that she has been shocked by the contents of the Memorandum of the LSK on the shortlisted candidates for the interview of CJ and judge of the Supreme Court.

In the memorandum to the Judicial Service Commission dated March 29, 2021, LSK president Nelson Havi had alleged that the conduct of Justice Koome in matters of public importance manifests an inability on her part to act independently, without favouritism.

Havi also made reference to the unprecedented night sitting of the Court of Appeal on October 25, 2017, to issue an order of stay execution of a decree of a High Court made on the same day.

The LSK president had argued that on the morning of October 25, 2017, the High Court delivered a judgment in Republic versus IEBC Ex Parte Khelefe Khalifa and another Eklr.

“On the same day in the evening Justice (Rtd) E. M Githinji, Justice Fatuma Sichale and Justice Koome are reported to have been summoned to the Court of Appeal on orders from ‘above, sat at night and delivered final order revising the entire judgment of the High Court,” part of Havi’s memorandum reads.

Havi had also accused Justice Koome of how she handled the appeal relating to the election of LSK male member representative to JSC in 2019.

He said that there was a determined effort by players inside and outside of the LSK to exclude the then incumbent from vying for re-election to tilt the vote in favour of a preferred candidate.

Following the accusations contained in the memorandum, Koome said that the words were meant to mean and were understood to mean by JSC and other right-thinking members of the public, legal fraternity, and judiciary that she is corrupt, easily manipulated by the Executive and other influencers.

Justice Koome has demanded that Havi do immediately withdrew, retract, revoke and take back the whole of the memoranda.

“…and such written withdrawal, retraction, revocation and taking back be addressed appropriately to JSC and to the LSK and be received by ourselves within seven days.”

Havi has also been asked to immediately apologise in writing to Justice Koome within seven days.

Also, Havi has been asked to immediately admit liability to Justice Koome in defamation and libel following the writing and publication of the said words.

Justice Koome said through her advocates that if the demands raised will not be met within the specified time, she will commence legal proceedings against the LSK president.

Chief Justice Nominee Justice Martha Koome.
Chief Justice Nominee Justice Martha Koome.
Image: FILE