An advocate of the High Court of Kenya has filed a petition with the Judicial Service Commission (JSC) seeking the removal of Chief Justice Martha Koome on grounds of incompetence.
Christopher Rosana is calling for Koome’s ouster, arguing that her decision to ban Senior Counsel Ahmednasir Abdullahi from appearing before the Supreme Court reflects severe incompetence.
The petition, filed on Tuesday, September 3, relies on Article 168 of the Constitution, which outlines the grounds for removing a judge due to performance shortcomings.
The motion centres on a highly controversial decision made by the Supreme Court on January 18, barring Abdullahi from appearing before it, whether personally or through his representatives.
The ban was issued by the seven-judge bench headed by Koome, citing negative remarks Abdullahi had made towards the court and the judges.
In his petition, Rosana argues that this decision exposes a serious lapse in judicial foresight and responsibility on the part of lady justice Koome.
He submits that the ban has elicited legal challenges and critical questions of the integrity of the judiciary.
“If the Supreme Court can deny counsel the right to appear without considering the potential consequences or the proper legal options available,” Rosana states, adding that the decision “raises serious concerns about the fairness and integrity of our judicial system.”
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The petition also highlights the broader implications of the ban.
On June 28, the High Court declined to dismiss a petition by the Law Society of Kenya challenging the indefinite ban.
Justice Chacha Mwita ruled that the High Court could review the petition because it involved potential infringements of constitutional rights.
Rosana now criticises Koome for failing to anticipate the legal ramifications under the Fair Administrative Action Act, 2015, arguing that this oversight forced the High Court to review the Supreme Court’s actions, undermining the judiciary’s hierarchical structure.
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