High Court Issues Orders Blocking CJ Martha Koome Ouster
Justice Lawrence Mugambi made the ruling on Friday, February 21
Marvin Chege 
The High Court has temporarily barred the Judicial Service Commission from considering petitions aimed at kicking out Chief Justice Martha Koome.
Justice Lawrence Mugambi made the ruling on Friday, February 21, which not only saves CJ Koome from facing an ouster from her seat but also the Supreme Court judges such as her deputy Philomena Mwilu, justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola, and William Ouko.
‘That a conservatory order is hereby issued staying and/or suspending JSC Petition No. 35 of 2024—Dari Limited & 5 others vs Hon. Chief Justice Karambu Koome & 6 Others and JSC Petition No. 3 of 2025 Nelson Havi vs Hon. Chief Justice Martha Karambu Koome & 6 Others pending the hearing and determination of this Application inter partes,” Justice Mugambi said.
The orders originate from a petition submitted by Justice Njoki Ndung’u, requesting the court to halt proceedings aimed at removing the seven Supreme Court judges.
The Supreme Court judges had earlier moved to sue the JSC over the petitions which sought to remove the judges, terming them a 'mockery of the justice system'.
“The 1st Respondent (JSC) has no jurisdiction whatsoever to entertain any petition with regard to a Court, whether disguised as a petition initiated against all the members constituting the said Court individually or against the Court itself,” Koome stated in her petition filed to the High Court.
“Indeed, it is the Supreme Court which has the ultimate authority over the 1st Respondent on matters of removal of Judges of Superior Courts."
While this latest ruling offers the President of the Supreme Court some respite, this is the first in a series of upcoming rulings stemming from a petition filed by former Law Society of Kenya President Nelson Havi and others, seeking the removal of all seven judges of the Supreme Court.
On January 13, Havi submitted a petition calling for the ouster of Chief Justice Koome and the entire Apex Court bench over alleged gross misconduct. He also accused the judges of misbehaviour among other issues, urging the JSC to compel President William Ruto to form a tribunal and begin the process of firing the seven judges.
Havi's concerns stem from the Supreme Court's ruling that prohibited lawyer Ahmednasir Abdullahi and his law firm from representing clients before the court, a restriction imposed in January 2024.
In response, the JSC directed the judges involved to submit their explanations regarding the allegations, sparking a legal battle between the judges and their employer, the JSC. The judges countered by stating that the Commission had no authority to review the decisions and/or judges of the highest court in the land.
The JSC had instructed the seven Supreme Court judges to submit their responses to the petition seeking their removal, only for the High Court in Narok to issue a ruling dismissing a petition that sought to compel Supreme Court judges to respond to proceedings aimed at their removal from office.
Justice Charles Kariuki ordered the commission to rescind its directive requiring CJ Koome, Mwilu, and Justices Ibrahim, Wanjala, Ndung’u, Lenaola, and Ouko to respond to three petitions or any others.
The petitions before Justice Mugambi will be mentioned again on Wednesday, March 5. The case notably drew political attention with former Deputy President Rigathi Gachagua claiming that the petitions were a scheme of President Ruto's government to disband the entire Supreme Court before the 2027 general elections.
