A judge ruled Friday that Supreme Court judges have raised important legal questions in their fight against removal petitions. Justice Lawrence Mugambi sent the case to Chief Justice Martha Koome to pick several judges who will hear it. The Supreme Court judges, led by Koome herself with Justices Njoki Ndung'u, Isaac Lenaola, William Ouko, and Smokin Wanjala, asked the High Court to stop the Judicial Service Commission from hearing petitions against them. Justice Lenaola requested a panel of judges before the case even started.
Justice Mugambi had earlier promised to handle this request first, despite complaints from lawyers who filed the original removal petitions. These lawyers, including Nelson Havi, former Cabinet Secretary Raphael Tuju, and attorneys from Ahmednasir Abdullahi's firm, opposed creating a panel. They argued Koome would have a conflict of interest picking judges for a case where she appears as a party. The Abdullahi firm cannot appear before the Supreme Court due to a ban.
Lenaola argued that removal petitions attack court decisions rather than conduct. He said making judges explain their rulings hurts judicial independence. The case needs multiple judges because it affects public interest and raises new legal points. Justice Mugambi agreed that the case raises substantial legal issues requiring attention from multiple judges as required by the Constitution.
Lawyer Ahmednasir warned against letting the Chief Justice assign judges to hear the matter. Justice Mugambi rejected this concern, saying judges make decisions based on facts and law without outside influence. He stressed judges follow their oath of office and remain loyal to legal principles. Mugambi dismissed fears that Koome might control the outcome through her choice of judges.
Justice Mugambi had earlier promised to handle this request first, despite complaints from lawyers who filed the original removal petitions. These lawyers, including Nelson Havi, former Cabinet Secretary Raphael Tuju, and attorneys from Ahmednasir Abdullahi's firm, opposed creating a panel. They argued Koome would have a conflict of interest picking judges for a case where she appears as a party. The Abdullahi firm cannot appear before the Supreme Court due to a ban.
Lenaola argued that removal petitions attack court decisions rather than conduct. He said making judges explain their rulings hurts judicial independence. The case needs multiple judges because it affects public interest and raises new legal points. Justice Mugambi agreed that the case raises substantial legal issues requiring attention from multiple judges as required by the Constitution.
Lawyer Ahmednasir warned against letting the Chief Justice assign judges to hear the matter. Justice Mugambi rejected this concern, saying judges make decisions based on facts and law without outside influence. He stressed judges follow their oath of office and remain loyal to legal principles. Mugambi dismissed fears that Koome might control the outcome through her choice of judges.
