In today’s court news, Chief Justice Martha Koome has constituted a three-judge bench, led by Justice Charles Kariuki, to hear petitions filed before the Judicial Service Commission (JSC) that seek to remove her and other Supreme Court judges from office.
The panel, comprising Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye, will preside over the consolidated petitions involving CJ Koome, Deputy Chief Justice Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.
High Court Deputy Registrar Emmie Chelule confirmed on Tuesday, May 6, 2025, that the appointment of the bench was made by CJ Koome on April 30, 2025. She added that all parties involved will receive official directions via email.
“The matter is before me to confirm whether the empanelment has been done by Chief Justice Koome. I confirm that the bench was constituted on April 30, 2025, and directions will be sent to all parties via email,” stated Chelule.
The decision to form the bench followed a ruling by Justice Mugambi, who referred the matter to the Chief Justice, citing the significance and constitutional weight of the petitions.
“These consolidated petitions raise substantial constitutional questions and should be heard by a bench. I, therefore, order that the file be transmitted to the Chief Justice for empanelment of an uneven number of judges,” Justice Mugambi ruled.
He further clarified that despite being a petitioner, CJ Koome is constitutionally obligated under Article 165(4) to appoint the bench.
The ruling has drawn criticism from several parties, including Senior Counsel Ahmednasir Abdullahi, lawyer Nelson Havi, former MP Raphael Tuju and his children, as well as the JSC and other interested parties. They raised concerns over a potential conflict of interest, given that CJ Koome is directly involved in the case.
Nonetheless, Justice Mugambi upheld his position, reaffirming that the Constitution mandates the Chief Justice to appoint an uneven bench of at least three judges for such matters.
