A three-judge bench has been appointed to hear and determine petitions challenging the removal of Chief Justice Martha Koome and several Supreme Court judges from office.
The bench, comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye was formed in response to a High Court ruling that the case filed by Supreme Court judges, raised significant legal issues that should be considered.
High Court Deputy Registrar Emmie Chelule confirmed that Justice Koome had appointed the three judges to the panel.
“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.
Chief Justice Koome, who also serves as the Supreme Court’s president, along with Justices Njoki Ndung’u, Isaac Lenaola, William Ouko, and Smokin Wanjala, had petitioned the High Court to challenge the Judicial Service Commission’s (JSC) handling of the removal cases.
Lawyers for the defendants, including Nelson Havi, contended that Chief Justice Koome, as a petitioner in the case, could not lawfully appoint a bench to hear a matter in which she has a personal interest.
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.
