Chief Justice Martha Koome has constituted a three-judge bench to hear petitions calling for her and other Supreme Court judges removal.
High Court Deputy Registrar Emmie Chelule confirmed Justice Koome has appointed Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye to the pannel.
Koome, Deputy Chief Justice Philomena Mwilu, Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, Mohamed Ibrahim, and William Ouko have filed lawsuits seeking to block JSC from considering their petitions filed by former LSK President Nelson Havi and 15 others.
“I do confirm that the bench was empaneled on April 30. We have Mr. Justice Charles Kariuki as the presiding judge, and Justices Mugambi and Bahati,” Chelule stated.
She further noted that directions regarding the hearing dates would be communicated later.
The appointment followed a ruling two weeks ago by Justice Mugambi, who ordered the file to be transmitted to the Chief Justice for the constitutionally required appointment of an uneven bench.
He held that the petitions raised serious constitutional questions that must be heard by more than one judge.
Although Chief Justice Koome is one of the petitioners in the case, Justice Mugambi emphasized that she remains the only official constitutionally mandated to form a bench under Article 165(4) of the Constitution.
However, various parties, including Senior Counsel Ahmednasir Abdullahi, lawyer Havi, former MP Raphael Tuju and his children, the JSC, had raised concerns about a potential conflict of interest, arguing that Koome’s appointing judges to hear a case in which she is a petitioner could raise ethical problems.
Despite the opposition, Justice Mugambi upheld the legality of CJ, Koome’s role in the process.
