A three-judge bench of the High Court is expected to deliver a ruling on an application filed by lawyer Nelson Havi challenging the composition of the bench hearing consolidated petitions concerning the Judicial Service Commission’s (JSC) disciplinary role over Supreme Court judges.
The petitions seek the removal of all seven Supreme Court judges.
Among the petitioners are lawyer Nelson Havi, former Cabinet Secretary Raphael Tuju, and several lawyers associated with Ahmednasir Abdullahi's firm.
In April 2025, Justice Lawrence Mugambi directed Chief Justice Martha Koome to empanel a bench to hear and determine the petitions challenging the judges’ removal.
Havi and Ahmednasir opposed the empanelment, arguing that the Chief Justice, who is a party to the case, should not select the judges.
Justice Mugambi, however, disputed this, noting that judges act independently and are not bound by instructions or directions from any authority in the exercise of their judicial duties.
In a Notice of Motion dated June 9, 2025, Havi argued that the assignment of Justices Lawrence Mugambi, Bahati Mwamuye, and Charles Kariuki to hear the petitions was unconstitutional.
He noted that the three judges were interviewed and recommended for appointment to the High Court by the JSC during Koome’s tenure, which, he contends, raises questions about impartiality.
Havi stated in his affidavit that the sensitivity and gravity of the matter, involving the conduct of the entire Supreme Court, required the formation of a larger bench of five or seven judges from diverse judicial backgrounds to enhance public confidence.
Justice Mugambi has previously dismissed similar objections, ruling in April that the Chief Justice could exercise her administrative mandate to empanel a bench, emphasising that judges act independently while performing judicial functions.
The ruling expected today will clarify whether the current bench of Justices Lawrence Mugambi, Bahati Mwamuye, and Charles Kariuki will continue hearing the petitions or recuse itself in response to claims raised by Havi.
