A new petition has been filed by advocate Christopher Rosana from the High Court of Kenya, seeking the removal of Chief Justice Martha Koome from her position.
Rosana alleges that Chief Justice Koome is incompetent and unsuitable for her role, claiming that her actions have compromised the integrity of the Judiciary. He argues that her conduct has undermined the judicial system, referencing Article 168 of the Constitution, which provides the grounds and procedures for the removal of a judge, including the Chief Justice, due to alleged incompetence.
Rosana contends that a judge can be deemed incompetent based on the potential impact of their actions, rather than a pattern of misconduct. He emphasizes that “the gravity of potential consequences” should guide the assessment of incompetence.
The petition focuses on a specific incident from January 18, 2024, when the Supreme Court’s full seven-judge bench issued a communication barring Senior Counsel Ahmednasir Abdullahi from appearing before the Court. According to the Registrar of the Supreme Court, Ahmednasir was prohibited from appearing in person, through his firm’s employees, or through anyone acting on his behalf.
On January 22, 2024, an associate from Ahmednasir’s firm attempted to address Deputy Registrar Bernard Kasavuli but was refused entry based on the earlier communication. Rosana argues that Chief Justice Koome’s role in this decision highlights her incompetence and holds her responsible for the resulting issues.
Rosana’s petition draws on several key points to support his claims:
- Despite her extensive experience, Rosana argues that Chief Justice Koome should have anticipated that the decision outlined in the communication could be challenged under the Fair Administrative Action Act of 2015.
- He criticizes the Chief Justice for not adhering to the principle that one cannot be a judge in their own case (nemo judex in causa sua), noting that all Supreme Court judges have been sued in Petition E026 of 2024.
- Rosana believes that, as President of the Supreme Court, the Chief Justice has instigated a constitutional crisis that threatens to damage the Judiciary and disrupt the administration of justice, irrespective of how Petition E026 progresses.
- He asserts that Chief Justice Koome could have directed the Supreme Court bench toward more respectful resolutions, avoiding these negative outcomes.
- Finally, Rosana warns that the Chief Justice has set a troubling precedent concerning the right of counsel to be heard. He states, “If the Supreme Court can deny audience to counsel without considering the potential consequences or appropriate legal options, it raises serious concerns about the fairness and integrity of our judicial system.”
