A push to remove Chief Justice Martha Koome from office has taken a dramatic turn after the Judicial Service Commission officially asked her to respond to a petition filed by lawyer Christopher Rosana concerning a controversial decision involving Senior Counsel Ahmednasir Abdullahi.
A letter from Winfridah Mokaya, the JSC Secretary and Chief Registrar, dated February 4, 2025, confirms that Koome has been granted time to file her response.
The petition, filed by Rosana on August 1, 2024, was considered by the JSC on January 24, 2025. After deliberation, the commission decided to formally request a response from the Chief Justice.
“Reference is made to the above subject matter and your petition dated August 1, 2024. The petition was tabled before the commission on January 24, 2025, and, upon deliberation, it was resolved that the Chief Justice be requested to submit a response,” Mokaya’s letter to Rosana stated.
Once Koome files her response, the JSC will review it and make a final decision, notifying Rosana, whose petition focuses on the Supreme Court’s decision on 18 January 2024 to bar Ahmednasir Abdullahi from appearing before the court.
The decision, communicated through a letter from Supreme Court Registrar Letizia Wachira, removed Abdullahi’s right of audience, as well as that of anyone acting on his instructions.
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The decision sent shockwaves through Kenya’s legal community, with critics alleging it represented an abuse of judicial power, prompting Rosana to seek accountability from Koome.
Rosana argues that the decision, made under Koome’s leadership, was issued without proper procedural fairness, and that the Chief Justice did not consider the legal implications of the ban, forcing the High Court to intervene.
Rosana’s petition blames Koome, as head of the Supreme Court, for the decision and consequences, further complicated by Judge Mwita’s June 28, 2024 ruling on the impact of the Court’s actions, including denying Abdullahi’s firm an audience and forcing justices to recuse themselves.
“The ruling included the denial of an audience to his associates and the subsequent recusal of Supreme Court justices from cases involving Abdullahi’s firm,” Rosana explained.
Criticising Koome’s failure to foresee the repercussions of the ban, Rosana argues that her oversight created a situation in which the High Court had to intervene, further complicating the judicial hierarchy and its authority.
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