CJ Koome appoints 3-judge bench to hear petitions challenging her removal from office
Chief Justice Martha Koome has appointed a three-judge bench led by Justice Charles Kariuki to hear petitions filed before the Judicial Service Commission (JSC) challenging her and all other Supreme Court Judges from being removed from office.
Justices Charles Kariuki together with Lawrence Mugambi and Bahati Mwamuye will hear consolidated petitions filed by CJ Koome, Deputy Chief Justice Philomena Mwilu, Justice Mohamed Khadhar Ibrahim, Smokin Wanjala, Njoki Susanna Ndung’u, Isaac Lenaola and Justice William Ouko barring their removal from office.
High Court Deputy Registrar Emmie Chelule confirmed on Tuesday, May 6, 2025, that CJ Koome appointed the three-bench on April 30, 2025, to hear petitions filed to bar their ouster.
“The matter is coming up before me to confirm whether the empanelment has been done by the Chief Justice Koome. I do confirm that the bench was empanelled on April 30, 2025, and am informed that all the other directions will be sent to parties on email,” Deputy Registrar Emmie Chelule directed.
Notably, Chelule stated that directions of the same will be sent to all parties involved through email.
The appointment of the three judges comes after Justice Mugambi directed that the file be taken to the Chief Justice Koome for the appointment of the bench to hear their petitions.
In his ruling, Mugambi stated that petitions were weighty and required to be heard by more than one judge.
“I find all the consolidated petitions herein raise serious constitutional issues to be determined by a bench. I therefore order the transmission of the file to the Chief Justice for empanelment of an uneven bench of judges,” Justice Mugambi directed.
Further, he stated that Chief Justice Koome remains the one mandated to empanel a bench under Article 165(4) even though he is among the petitioners in the case.
Senior Counsel Ahmednasir Abdullahi, lawyer Nelson Havi, former Member of Parliament Raphael Tuju and his children, the JSC and other interested parties opposed Mugambi’s ruling, stating that it raised concerns on conflict of interest.
They argued that the fact that Koome is mandated to appoint the three-judge bench when she is among the petitioners.
However, Justice Mugambi upheld his decision on CJ Koome must appoint the bench as per the constitution which states that such a matter shall be shall be heard by an uneven number of judges being not less than three, assigned by the Chief Justice.
