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Havi files a petition against Supreme Court judges

The Judicial Service Commission has confirmed receipt of a petition against judges

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by Allan Kisia

News16 January 2025 - 19:06
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In Summary


  • JSC added that it has also received two separate petitions against Justice Alfred Mabeya, Judge of the High Court.
  • Additionally, the JSC has received a petition from Havi against Justice Lucas Leperes Naikuni, alleging incompetence in the discharge of judicial duties.

Senior Counsel Nelson Havi


The Judicial Service Commission (JSC) is in receipt of a petition against judges of the Supreme Court of Kenya.

JSC said it received the petition on January 10, 2025, from Senior Counsel Nelson Havi against Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and justices Mohammed Ibrahim, Dr. Smokin Wanjala, Njoki Ndungu, Isaac Lenaola, and William Ouko.

The petition makes allegations of gross misconduct and misbehaviour against the aforementioned judges.

JSC is an independent constitutional body mandated under Article 168 of the Constitution to receive and process petitions against judges.

In a statement to media houses, JSC vice chairperson Isaac Ruto noted that since the beginning of the year 2025, the JSC has received a total of five petitions/complaints against judges.

JSC added that it has also received two separate petitions against Justice Alfred Mabeya, Judge of the High Court.

The petitions are from Havi, dated January 10, 2025 and received on January 13, 2025, alleging gross misconduct and misbehavior, and another one from Edwin Harold Dande, dated December 16, 2024 and received on December 18, 2024, also alleging gross misconduct and misbehaviour.

Additionally, the JSC has received a petition from Havi, dated January 10, 2025 and received on January 13, 2025, against Justice Lucas Leperes Naikuni, alleging incompetence in the discharge of judicial duties. 

“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,” the commission said.

JSC said 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,” the commission added.

The commission noted that it has received 935 petitions against judges between 2011 and 2024.

“Out of the 935 petitions/complaints received 862 have been finalised and 12 petitions have been forwarded to the President recommending for the formation of a Tribunal for removal.  The remaining 73 petitions are at various stages of processing,” it added. 

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