Former Law Society of Kenya (LSK) President Nelson Havi now wants the recusal of a three-judge bench recently appointed to preside over seven consolidated petitions seeking the removal of all Supreme Court judges, including Chief Justice Martha Koome.

The bench in question comprises Justices Charles Kariuki, Lawrence Mugambi, and Justice Bahati Mwamuye.

Havi wants a new bench constituted and the three judges disqualified from hearing and determining the seven cases seeking the ouster of all apex court judges.

He cites a conflict of interest and lack of impartiality, noting that the judges were appointed by Chief Justice Koome, who is one of the petitioners challenging her own removal from office. 

“I seek Justices Kariuki, Mugambi, and Mwamuye do hereby recuse themselves from further hearing the seven consolidated petitions herein,” Havi states.

In the application filed under a certificate of urgency, Havi argues that Chief Justice Koome, who is a petitioner in one of the consolidated matters, Nairobi Constitutional Petition No. E083 of 2025 acted unlawfully by assigning the same three judges to hear her own petition, as well as those of her fellow Supreme Court judges.

“The Chief Justice, being a petitioner in one of the matters, is precluded by law from assigning judges of the High Court to hear petitions in which she is directly involved,” Havi contends.

He wants the matters referred to the Deputy Chief Justice, Justice Philomena Mwilu, to appoint a fresh bench that excludes the current trio of judges from hearing Koome’s petition.

Havi also wants a separate and fresh bench constituted by CJ Koome to determine petitions filed by six other judges of the Supreme Court, including her DCJ Mwilu Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, and William Ouko.