Why judges have declined to recuse themselves from petition seeking to oust CJ Koome

Chief Justice Martha Koome when presiding over the swearing in ceremony of the Independent Electoral and Boundaries Commission (IEBC) commissioners at Supreme Court on July 11, 2025. [Kanyiri Wahito, Standard] Three High Court judges have dismissed a request by former Law Society of Kenya (LSK) President Nelson Havi to recuse themselves from hearing seven petitions seeking the removal of all Supreme Court judges, including Chief Justice Martha Koome. The bench, comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye, ruled that Havi's application was misconceived and without merit. Justices Kariuki, Mwamuye, and Mugambi described Havi's allegations that they are incompetent, conflicted, or junior to hear the cases as sensational claims without merit. "This court finds that the allegations that the judges appointed to hear this case lack seniority or expertise are totally misconceived and without merit. All judges of the High Court derive their authority from the same constitutional source," Justice Kariuki stated. He added that under Article 165 of the Constitution, Havi's application did not follow the statutory procedure for judicial recusal, and there was no reason to refer the consolidated petitions to the Chief Justice for reconstitution. On the issue of a conflict of interest against Chief Justice Koome in appointing judges to her own case, the High Court judges dismissed the claim as equally unfounded. They described Havi's move as an impossible attempt to overturn a decision that had already been made by the court earlier and emphasised that the Constitution clearly vests the Chief Justice with the authority to empanel judges. Justice Mugambi reinforced the point, citing the Court of Appeal's recent ruling in former Deputy President Rigathi Gachagua's impeachment case, which made it very clear that it is only the Chief Justice who can assign judges to hear the case of the High Court. The three judges also declined to refer the petitions to Deputy Chief Justice Philomena Mwilu for reconstitution, stating that the matter had already been settled and was functus officio. They noted that any aggrieved party, including Havi, should have appealed to the Court of Appeal rather than filing a new application in the High Court to challenge the same issue of empanelment of a bench to hear the cases. The ruling comes after Havi had argued in his application that the Chief Justice, being a petitioner in one of the matters, was precluded by law from assigning judges to hear petitions in which she was directly involved. "I seek Justices Kariuki, Mugambi, and Mwamuyeto to do hereby recuse themselves from further hearing the seven consolidated petitions herein," Havi stated. He also requested that the matter be referred to the Deputy Chief Justice to empanel a fresh bench, excluding the current trio of judges. "Nairobi Constitution petition number E083 of 2025... be hereby forwarded to the Chief Justice to delegate to the Deputy Chief Justice, the function of assigning an uneven number of Judges of the High Court (excluding Honourable MrCharles Kariuki, Honourable Mr Justice Lawrence N. Mugambi and Honourable Mr Justice Bahati Mwamuye to hear and determine the seven petitions," he argued. The Court, however, firmly rejected the recusal request, citing longstanding legal principles that a judge should only recuse themselves where there is a reasonable apprehension of bias. The judges referenced both local constitutional provisions and international jurisprudence, emphasising that mere allegations or suspicions are insufficient to warrant recusal. The bench has scheduled the hearing of the seven consolidated petitions for February 26, 2026. Chief Justice Koome, her deputy Philomena Mwilu, and five other judges have been given 14 days to file further affidavits and submissions ahead of the hearing.

Why judges have declined to recuse themselves from petition seeking to oust CJ Koome

Get Full Access for Ksh299/Week.

Related Topics

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

DIGGER JOBS

Digger Motors

Digger Real Estate

Why judges have declined to recuse themselves from petition seeking to oust CJ Koome

Get Full Access for Ksh299/Week.

Related Topics

Trending Now

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS