Judicial Service Commission (JSC) has received a petition seeking the removal of Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and five other Supreme Court judges.
The plea, filed by a group of 14 petitioners, alleges misconduct, violations of judicial ethics and breaches of the Judicial Service (Code of Conduct and Ethics) Regulations, 2020.
The petition, filed on January 27, 2025 by Ahmednasir Abdullahi Advocates LLP, claims the alleged actions of the seven judges have undermined the credibility of the Supreme Court, rendering their positions untenable.
"The gravity of the misconduct, violations and breach of the code of conduct by the seven justices of the Supreme Court leave no doubt that their positions as justices of the Supreme Court of Kenya are no longer tenable. They must be moved from office in order to preserve the credibility of the Supreme Court," the petition stated.
They are requesting the JSC to recommend to the President the suspension of the judges and the establishment of a tribunal to investigate the allegations.
Under Article 168 of the Constitution, the process for the removal of a judge involves the JSC evaluating the petition and, if satisfied, advising the President to form a tribunal.
The tribunal would then inquire into the claims and issue binding recommendations to the President.
The petition highlights the gravity of the alleged misconduct, emphasising that removing the judges is necessary to preserve the Judiciary’s integrity.
Alongside Koome and Mwilu, the other judges named in the petition are Justices Mohamed Khadhar Ibrahim, Dr Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola, and William Ouko.
The petitioners, including Asli Osman Mahamud, Peter Muchoki Gichuru, and Irene Jelagat Koech, are calling on the JSC to assess the claims and determine whether there is sufficient evidence to justify their removal.
