Former Law Society of Kenya (LSK) President Nelson Havi has filed a petition at the Milimani High Court, seeking the disqualification of three judges currently presiding over seven consolidated cases related to the potential removal of all Supreme Court judges. The three judges Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye were appointed to the bench by Chief Justice Martha Koome.
Havi argues that the appointment of the trio by CJ Koome presents a conflict of interest, given that she is among the judges facing removal in the same consolidated petitions. According to Havi, it is unconstitutional and improper for the Chief Justice to assign judges to hear a case in which she is directly implicated.
In his urgent application, Havi urges Justices Kariuki, Mugambi, and Mwamuye to recuse themselves from the ongoing proceedings. He contends that their continued involvement compromises the integrity and impartiality of the process. He proposes that the matter be referred to Deputy Chief Justice Philomena Mbete Mwilu, who he believes should be entrusted with the task of appointing a new bench, excluding the current three judges.
Havi further seeks the reconstitution of a separate bench to handle the petitions filed against the other six Supreme Court judges: DCJ Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko. He stresses the need for a broader and more representative bench ideally five or seven judges with diverse judicial philosophies, regional representation, and gender balance.
The origin of the case dates back to February 20, 2025, when the Chief Justice, her deputy, and five Supreme Court judges challenged the Judicial Service Commission’s authority and process for handling the petitions calling for their removal. In response, the three-judge bench currently under scrutiny issued conservatory orders that halted the JSC’s consideration of the removal petitions, pending a full hearing.
Havi argues that the issuance of these conservatory orders already suggests a lack of neutrality, further supporting his call for the judges’ recusal. He maintains that such a high-stakes and sensitive matter deserves to be handled by a fresh, more expansive bench that reflects the principles of justice and national inclusivity.
In the meantime, the court directed all involved parties to agree on timelines for the filing and service of legal documents. Deputy Chief Justice Mwilu, through her lawyer, requested that an open court hearing be held to allow all parties to present their arguments on the recusal matter. This request was accepted by the current bench, paving the way for oral submissions before a decision is made.
