3-judge bench refuses to recuse itself from Supreme Court judges’ removal case
A three-judge bench appointed to hear and determine seven consolidated petitions seeking the removal of all Supreme Court judges, including Chief Justice Martha Koome, has declined to recuse itself from hearing the matter.
The former President of the Law Society of Kenya (LSK), Nelson Havi, moved to court through a certificate of urgency seeking to have the bench step aside, citing conflict of interest and lack of impartiality.
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He argued that Chief Justice Martha Koome, who appointed the bench to hear the matters, is among the judges he is seeking to remove from office, citing conflict of interest and lack of impartiality.
Havi also stated that the current three judges, Charles Kariuki, Lawrence Mugambi, and Justice Bahati Mwamuye, should be disqualified and a new bench appointed.
“I seek Justices Kariuki, Mugambi, and Mwamuye to hereby recuse themselves from further hearing the seven consolidated petitions herein,” lawyer Havi states in his application.
No possibility of being biased
In a ruling delivered on Friday, November 14, 2025, the judges ruled out that Havi did not demonstrate to the court the possibility of them being biased on the matter, terming his arguments as mere suspicion.
“We are of the view that these are mere sensational allegations that have no bearing; the motion application dated June 9, 2025, is dismissed accordingly,” the bench ruled.
Further, the bench dismissed lawyer Havi’s claim that Justice Mwamuye and Justice Mugambi, who are on the bench, were appointed and sworn into office in 2022 and 2024 by CJ Koome and are likely to be biased in the hearing and determination of the matter.
Notably, the bench refuted the petitioner’s argument that the two judges are relatively junior and that they lack the necessary experience to be on the bench, stating that all judges are equal in status.
According to the bench, a judge of the High Court has the same jurisdiction of power as any other judge in the High Court; there are no senior or junior judges in the High Court; all are equal in jurisdiction and authority.
“Any suggestion that any judge that is on this bench lacks expertise is totally misconceived; all are equal in jurisdiction and authority,” the bench ruled.
