The High Court has cleared the way for a full trial in February 2026 in a petition seeking the removal of Chief Justice Martha Koome and six other Supreme Court judges, after a three-judge bench declined to recuse itself from the matter.
In a ruling delivered Friday at the Milimani Constitutional and Human Rights Division, Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye dismissed arguments by former Law Society of Kenya President Nelson Havi that questioned their independence and the legality of their selection to hear the case.
Havi had claimed the bench was improperly constituted, arguing that Chief Justice Koome—who is a party to the dispute—ought not to have played any role in empaneling the judges. He further alleged that Justices Mugambi and Mwamuye, having joined the High Court in 2022 and 2024 respectively, were too junior and would be inclined to show loyalty to the Chief Justice, who oversaw their recruitment process.
The bench, however, termed the allegations “sensational and devoid of legal foundation,” insisting none of the arguments met the threshold for recusal as outlined in the Judicial Service Commission’s code of conduct. Justice Kariuki affirmed that the judges had taken an oath to diligently and independently uphold the Constitution, adding that seniority was not a legal ground for doubting their impartiality.
With the recusal plea dismissed, the court directed all parties to adhere to strict timelines for filing submissions ahead of the full hearing. The matter is scheduled for oral highlighting on February 20 and February 27, 2026, after which the bench will retreat to prepare its judgment.
The petition by Nelson Havi seeks the removal of all seven Supreme Court judges and the swearing-in of a new bench ahead of the 2027 General Election.
