A fresh petition before the Judicial Service Commission is challenging the leadership of Chief Justice Martha Koome, with the complainant calling for her removal on grounds of incompetence, misconduct, and breaching the Constitution.
The application argues that the Judiciary has been mishandled under her watch, pointing to delayed rulings and alleged interference in cases that have left litigants without justice.
The petition has been filed by Captain J N Wafubwa, who claims the Chief Justice has failed in her duty to protect the integrity of the judicial system.
He alleges that instead of ensuring open and transparent court operations, she has used her authority to block processes and frustrate the conclusion of certain legal matters.
In the document stamped by the JSC, Wafubwa accuses Koome of turning public courts into “private courts,” claiming this goes against the constitutional right to public judicial proceedings.
He says this has shut out the public from observing the delivery of justice and denied litigants the chance to follow their cases. According to him, this has weakened public trust in the courts.
The petitioner lists three matters he claims have been affected: Nairobi Civil Appeal No E595 of 2024, Kisumu Civil Appeal No E243 of 2023, and Nairobi Civil Appeal No 102 of 2013.
He states that in each of these matters, there has been what he terms a lack of action, interference, or prolonged silence, despite repeated communication with the Judiciary.
Wafubwa states that the Chief Justice has “deliberately withheld judgments and blocked the determination of appeals” in cases where he is a party, calling the actions “gross misconduct and abuse of office.”
He alleges that some decisions delivered during her term ignored evidence or did not follow constitutional guidelines, arguing that this points to a worrying pattern in judicial management.
He further notes that the Judiciary previously maintained timely handling of matters, saying leaders before Koome ensured that judgments and reviews moved within a reasonable time.
He claims that under her leadership, the system has seen “unprecedented delays” and that requests for clarification on rulings have gone unanswered, leaving parties in limbo.
The petitioner wants the JSC to begin an inquiry into Koome’s conduct, arguing that she has “robbed the people seeking justice of their constitutional rights.”
He asks the commission to find that her conduct falls under gross misconduct and incompetence as set out in Article 168(1) and (2) of the Constitution and to recommend her removal from office.
