Pressure is mounting on the seven Supreme Court judges as 13 lawyers file a petition seeking to remove them from office.
The lawyers, working under the law firm of Ahmednasir Abdullahi Advocates LLP, want the judges of the highest court in the land sent home over their decision to bar them from appearing before the court.
A petition was filed before the Judicial Service Commission where the lawyers sought the commission to consider their petition, arguing that there were sufficient grounds for the removal from the office of each of the Seven Justices of the Supreme Court.
The seven justices under fire include Chief Justice Martha Koome, Philomena Mwilu, Justice Mohamed Ibrahim, Dr Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko.
Senior Counsel Ahmednasir Abdullahi (left) and Chief Justice Martha Koome.
Photo
Kenyans.co.ke
The lawyers alleged the judges gross misconduct citing Article 168 (1) of the Constitution of Kenya, which states the circumstances that can lead to the removal from office of a judge of a superior court.
“The seven Justices of the Supreme Court are unfit to hold the position of Judges of the Supreme Court of Kenya or any other position within the judiciary or continue being in office pursuant to Article 168(1) of the Constitution of Kenya for the reasons set out in this Petition,” the petitioners said.
Besides urging the Judicial Service Commission to send the petition to President William Ruto with the recommendation for the suspension from office of each of the Seven apex court judges, the lawyers also want JSC to recommend to the President to constitute the respective Tribunals.
Dig deeper: On January 18, the Supreme Court dealt Senior Counsel Ahmednasir Abdallahi and associates a blow by barring them from making submissions before the court.
The Supreme Court argued that the decision to bar Ahmednasir came after the lawyer “relentlessly and unabashedly scandalized and ridiculed” the court.
However, in the petition to counter the Supreme Court’s move, the lawyers question the conduct of the judges, accusing them of barring them without lawful justification.
Court documents obtained by Kenyans.co.ke also claim the petitioners had no idea of any defamation proceedings instituted by any of the Judges of the Supreme Court.
“It is unfathomable what “punitive tools” may be available to the Court especially given the clear constitutional and legal limits on judicial authority exercised under the Supreme Court Act but this veiled threat materialised in a more sinister manner that came to shock the conscience of the people,” part of the court document read.
Chief Justice Martha Koome delivers an address during the swearing-in of various independent commission office holders in Nairobi on January 20, 2025.
Photo
Judiciary