Which way the fight for reforms within the Judiciary?
Some lawyers have accused Havi of being used by the system to push for the removal of the Supreme Court judges with an eye on influencing the outcome of any 2027 presidential petition

Never in the history of the country has Kenya’s Judiciary come under sustained attacks by senior lawyers over alleged corruption and incompetence as is happening now.
While accusations against judges allegedly selling justice to the highest bidder have been made over the years, resulting in two radical surgeries, the war seems to have escalated since the beginning of this year with some lawyers taking the bold action filing petitions against the said judges for what they terms as misconduct and corruption allegations.
Former Law Society of Kenya President Nelson Havi is leading the latest charge, which is mainly aimed at removal of the entire Supreme Court bench, including its President, Chief Justice Martha Koome.
Havi, alongside other senior lawyers like Ahmednassir Abdulahi, says his aim is to eliminate a deep-rooted rot in the Judiciary stemming from corruption.
In his last affidavit to the Judiciary Service Commission (JSC), Havi highlighted several rulings that he said were evidence that the seven justices were unsuitable to operate in the top court.
However, before revising his petition to include all seven, he had implored them to back him in his call for the resignation of CJ Koome, a task they did not undertake.
He accused the CJ of favouritism and nepotism in the hiring process of staff in her office.
“We are compiling a further affidavit on Martha Koome and require the Judiciary insiders to anonymously volunteer evidence of nepotism and favoritism in the recruitment of staff in her office and mismanagement of Judiciary funds. It is for your benefit that we get this crucial evidence,” said Havi on January 11.
On Thursday, January 16, Judiciary Service Commission (JSC)acknowledged receiving Havi’s petition adding to hundreds of complaints filed against judges in the last four years.
“Out of 935 petitions/complaints received 862 have been finalized and 12 petitions were forwarded to the President recommending for the formation of a Tribunal for removal.”
In his bid to fight for the judicial reforms, Ahmednasir has suffered a major blow after the Supreme Court upheld its decision barring the lawyer and his firm from appearing before it.
On January 21, the Supreme Court rejected a plea by lawyer Asli Osman, who had asked the court to allow the firm to represent a client in a landmark case involving inheritance rights for children born out of wedlock in Muslim communities.
The seven-judge bench, led by Justice Koome, unanimously dismissed the request, citing the ongoing ban against Ahmednasir’s firm due to allegations he faces.
The court instead gave Fatuma Abud Faraj, the petitioner, 14 days to either find another lawyer or argue the case herself.
Justice Koome directed that Fatuma appear before the court’s registrar to explain how she wishes to proceed with the case.
“If the petitioner fails to appear within the time limit, the orders issued stopping Rose Faith Mwawasi and Judith Malele Mwawasi from demanding part of the wealth left by Mombasa tycoon Salim Juma Hakeem will lapse,” she stated.
In its strongly worded letter drafted by L.M Wachira, it also barred employees of Ahmednasir’s law firm from filing cases before it, while acknowledging that the decision will also affect the vocal advocate’s client list and third respective cases.
The registrar noted that it defeats the purpose for Grand Mullah, as Ahmednasir is popularly known, to appear before the very institution and individuals that he constantly berates in his social media engagements.
The Supreme Court barred the lawyer from appearing before it in January 2024 for what the court termed as consistent distasteful remarks made against the institution and its judges in various media platforms.
However, legal scholar Patrick Lumumba has since taken the initiative to intervene in the rift by writting an appeal to Justice Koome beseeching her to review the apex court’s decision to bar Ahmednasir and his law firm from representing clients before it.
“Your Ladyship if Mr Ahmednasir Abdullahi SC has committed any offence known to law he should be cited and given the opportunity to defend himself,” Lumumba stated.
Lumumba indicated that, the manner in which the supreme court dealt with the issue denied Abdullahi a holder of valid practicing certificate that affirms his competence, adherence to the law and right to practice and access to the highest court.
Lumumba terms the action as a direct affront to the very foundation of the legal system not only being an attack on him.
He also stated that the disciplinary punishment imposed on him who is a partner in law firm can justifiably extend to the employees and the agents of the firm, thereby affecting their right to earn a livelihood and the firm’s ability to represent clients in the Supreme Court.
In his view, Lumumba said that the action of the apex court sets a precedent which must be subjected to scrutiny,
“If Mr Abdullahi SC has scandalised the court as specified in the communication dated January 18, 2024, the right way is as stipulated in the law.
He mentioned the grounds under which an advocate can be denied audience and the relevance sections of the law.
Contempt of court is one of the ground under Section 5 of the judicature Act (Cap 8, laws of Kenya) where an advocate engages in conduct that directly interferes with the administration of justice such as obstructing court’s proceedings or insulting the divinity of the court.
Another reason for an advocate to be denied audience is professional misconduct which is cited under Section 56(1) of the Advocates Act (Cap 16 laws of Kenya) where an advocate is found to have engaged in a serious ethical.
As the fight for reforms intensifies, some lawyers have accused Havi of being used by the system to push for the removal of the Supreme Court judges with an eye on influencing the outcome of any presidential petition filed after the 2027 election.
Former deputy president Rigathi Gachagua even claims the State machinery has even set a budget for the same.