Lawyers Nelson Havi and Ahmednasir Abdullahi on Wednesday openly disagreed with High Court judge Lawrence Mugambi protesting the court's decision to list for hearing an application seeking empanelment of a bench to hear petitions challenging the bid to remove Chief Justice Martha Koome and Supreme Court judges from office.
Judge Mugambi had just extended orders stopping the Judicial Service Commission from hearing the said petitions and directed that an application for the formation of a bench to hear the case be heard on March 28 when the two lawyers interjected.
"This is a circus your honour. We reject these orders," Havi said.
Ahmednasir said the orders issued by Mugambi were a deliberate ploy to delay the case.
The two advocates argued that the petition ought to be dismissed from the onset given that empanelling a bench is the work of the Chief Justice who is a petitioner in the matter.
They said it would be impractical for the Chief Justice to form a bench to hear a case where she is a party.
But judge Mugambi insisted the application had been made as part of the interlocutory issues that his court must first deal with.
"This is an application that has been made before the court. How else do I deal with it?" the judge asked.
Lawyer Ochieng Oduol sought to calm down his colleagues saying they were not in court for a shooting match.
"Let us deal with this matter in a civil way," Oduol said.
"We can also deal with it in an uncivil way because the court is making it difficult to pursue this matter legally," Havi retorted.
Both Havi and Ahmednasir are among the petitioners who want Chief Justice Koome and all the other Supreme Court judges removed from office.
They have alleged incompetence and misconduct.
The court directed that the application be served in the next three days and responses also served three days after the service.
"Let's all comply then come back on March 28. You can then highlight your submissions in the manner you want and the court will make a determination," Mugambi ruled.
