Nine judges including CJ Koome face petitions over alleged gross misconduct, misbehaviour

The Judicial Service Commission (JSC) has confirmed the receipt of five petitions and complaints filed against various judges of the Supreme Court and High Court this year including Chief Justice (CJ) Martha Koome.

In a statement on Thursday, JSC Vice Chairperson Isaac Rutto announced that advocate Nelson Havi had filed a petition on January 10 against Koome, Lady Justices Philomena Mwilu (Deputy CJ), Njoki Ndung’u and Justices Mohammed Ibrahim, Dr. Smokin Wanjala, Isaac Lenaola and William Ouko, citing grounds of gross misconduct and misbehaviour.

“Since the beginning of the year 2025, the JSC has received a total of 5 petitions/complaints against judges. The JSC acknowledges receipt of a petition dated January 10, 2025, filed by Mr. Nelson Havi against the said Judges of the Supreme Court of Kenya,” the statement reads in part.  

“The petition, received on January 13, 2025, makes allegations of gross misconduct and misbehaviour against the aforementioned judges.”

Should it find merit in the Nelson Havi petition, JSC will then recommend to the president to form a tribunal for their removal from office.

Furthermore, Isaac Rutto confirmed that two separate petitions had been lodged against High Court Justice Alfred Mabeya, citing allegations of gross misconduct and misbehaviour. The complaints were filed by lawyer Havi and Edwin Dande, the CEO of Cytonn Kenya.

“The Commission has also received two separate petitions against Hon. Justice Alfred Mabeya, Judge of the High Court: A petition by Mr. Nelson Havi, dated 10th January 2025 and received on 13th January 2025, alleging gross misconduct and misbehaviour,” said Ruto.

“A petition by Mr. Edwin Harold Dande, dated 16th December 2024 and received on 18th December 2024, alleging gross misconduct and misbehaviour.”

Rutto added that Havi likewise filed a petition against High Court Justice Lucas Leperes Naikuni on January 10, which the Commission received on January 13, alleging incompetence in the discharge of judicial duties.

The JSC Vice Chairperson added that the cases will be dealt with in accordance with the processes and procedures that guide them.

“The JSC has over the years developed procedures for handling complaints/petitions. These procedures have been developed in tandem with the constitution, the Judicial Service Act, international best practices and judicial precedents,” said Rutto.  

“The complaints filed will be dealt with in accordance with the processes and procedures developed and in compliance with the rule of law and Fair Administrative Action Act. The JSC reaffirms its unwavering commitment to its constitutional mandate to protect the independence of the Judiciary while holding the judiciary accountable.”

According to Rutto, the Commission has received 935 petitions against judges between 2011 and 2024. Of these, 862 petitions have been finalized, and 12 have been forwarded to the President with a recommendation for the formation of a tribunal for removal.

The remaining 73 petitions are at various stages of processing.