Nairobi — Justices Charles Kariuki, Lawrence Mugambi and Bahati Mwamuye have been appointed to hear consolidated petitions filed by Chief Justice Martha Koome and eight other Supreme Court judges barring their removal from office.
Deputy Chief Justice Philomena Mwilu, Justice Mohamed Khadhar Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and Justice William Ouko are the other member of the apex court.
The appointment of the three judges comes after Justice Mugambi directed that the file be taken to the Chief Justice Koome for the empanelment of the bench to hear their petitions.
"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 stated in a memo.
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In his ruling, Mugambi stated that petitions were weighty and required to be heard by more than one judge
Senior Counsel Ahmednasir Abdullahi, lawyer Nelson Havi, former Jubilee Party Secretary General Raphael Tuju and his children, the Judicial Service Commission (JSC) and other interested parties opposed Mugambi's ruling, stating that it raised concerns on conflict of interest.
The parties argue that Koome's appointing judges to hear a case in which she is a petitioner is ethically problematic.
Justice Mugambi, however stated that she remains the only official constitutionally mandated to empanel a bench under Article 165(4) of the Constitution.
