Former Law Society of Kenya (LSK) President Nelson Havi has filed an urgent application at the Milimani High Court seeking to have a three-judge bench disqualified from hearing seven consolidated petitions that aim to remove all sitting Supreme Court judges from office.

In his application, Havi is requesting that Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye step aside, arguing they were appointed by Chief Justice Martha Koome one of the judges named in the petitions.

Havi cites a clear conflict of interest, claiming that CJ Koome should not have played any role in selecting the judges for a case in which she is personally implicated.

“I am asking that Justices Kariuki, Mugambi, and Mwamuye recuse themselves from presiding over these seven consolidated petitions,” Havi’s application reads.

He further argues that CJ Koome, being a party to the case, had no legal basis to constitute a bench to hear a matter in which she is personally involved, as it undermines the principles of impartiality and fairness.

As a remedy, Havi wants the responsibility of forming a new bench transferred to Deputy Chief Justice Philomena Mwilu. He proposes that she be directed to select an uneven number of High Court judges excluding the three currently assigned to hear and determine the petitions.

In particular, Havi seeks to have Nairobi Constitutional Petition Number E083 of 2025 referred back to CJ Koome, with instructions for her to delegate the task of assigning judges to DCJ Mwilu.

Additionally, Havi wants separate benches appointed to handle petitions involving the other six Supreme Court judges: DCJ Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.

The case originates from events on February 20, 2025, when CJ Koome, her deputy, and five other Supreme Court justices challenged the Judicial Service Commission’s authority and process regarding the petitions seeking their removal.

The current bench comprising Justices Kariuki, Mugambi, and Mwamuye had earlier issued conservatory orders halting the JSC from proceeding with the petitions.

Havi claims these interim orders indicate bias and compromise the integrity of the judicial process.

Given the gravity of the matter, Havi insists that a more diverse and larger bench consisting of five or seven judges reflecting varied legal philosophies and Kenya’s diversity should be appointed to ensure fairness and representation.

In the meantime, the court has directed all parties involved to establish timelines for filing and serving legal documents.

DCJ Mwilu, through her lawyer Andrew Musangi, also requested that the court allow oral submissions in open court regarding the recusal request a plea that was granted by the bench.