Judges, magistrates condemn attacks on CJ Koome, Supreme court judges

The Kenya Magistrates and Judges Association (KMJA) has condemned a growing social media campaign aimed at removing Chief Justice Martha Koome, six Supreme Court justices and two other judges.

The association described the effort as an intimidation tactic against the Judicial Service Commission (JSC) and the judiciary.

In a statement on Thursday, KMJA President, Stephen Radido, said the public attacks on the judiciary were part of a well-orchestrated plan to weaken the institution.

“We went to Image First Limited to fit our olive fatigues in preparation for the final ground assault on CJ Martha Koome and the Supreme Court Judges,” one of the petitioners posted on social media.

The petitioner also posted threats of violence, including a warning to evacuate civilians in anticipation of a bomb attack on the Supreme Court.

The association noted that the petitioners were using coded language that could incite violence.

 “It is no secret that there has been a scheme to weaken and ultimately destroy the institution of the judiciary through crusades in social media,” said Radido.

KMJA’s statement comes even as 13 lawyers from Ahmednasir Abdullahi Advocates LLP have petitioned the JSC for the removal of Chief Justice Koome and the six other Supreme Court judges.

The petitioners are asking the JSC to investigate whether there has been any gross misconduct, misbehaviour or breach of the judges’ code of conduct against the seven senior judges.

The petitioners, Asli Osman Mahamud, Peter Gichuru, Irene Koech, Esther Wanga, Cohen Amanya, Khadijah Ali, Elizabeth Mungai, Tony Towett, Mohamed Abdi, Muthoni Gatere, Omar Mwarora, Hilda Ndulu and Jemimah Masudi, are all practising under the firm of Ahmednasir Abdullahi Advocates LLP.

They want Chief Justice Koome, her deputy Lady Justice Philomena Mwilu, Justices Mohamed Khadhar Ibrahim, Dr Smokin Wanjala, Lady Justice Njoki Susanna Ndung’u,  Isaac Lenaola and William Ouko probed to determine whether they are fit to hold office.

The petitioners argue that the judge’s decision to ban senior counsel Ahmednasir Abdullahi and advocates from his law firm from appearing before the court directly violated their rights to appear before the superior court.

The Supreme Court, on January 18, 2024, banned Ahmednasir and advocates from his law firm from appearing before it in a decision unanimously approved by the full bench.

 The judges claimed Ahmednasir had accused the court either in its constitutive persona or individual membership.

The petitioners argue that Ahmednasir’s comments are relevant to the ongoing discourse surrounding judicial reforms and the need for immediate action.

Further, they claim that none of the seven judges has sued Ahmednasir for defamation.

 They also want the JSC to investigate claims of illegally converting an administrative decision to a judicial decision by recusing themselves from hearing matters where the law firm of Ahmednasir is involved.

They also want the investigation to assess whether the judges waged an unlawful and disproportionate campaign of attrition against Ahmednasir and members of his law firm.

“As a result, the individual actions of the full seven-judge bench of the Supreme Court of Kenya have had a direct and detrimental impact on the ability of the petitioners to carry out their professional duties to represent their clients before the apex court of the land,” the petitioners said.

The petitioners now want the JSC to determine whether their petition discloses sufficient grounds for the removal of all seven judges of the Supreme Court.

 This comes a week after the security detail for Chief Justice Koome was withdrawn.

Koome, in a statement, described the move as unconstitutional executive interference.

In a letter to Interior Cabinet Secretary Kipchumba Murkomen and Inspector General of Police Douglas Kanja, Koome said the decision threatened judicial independence and public trust in state institutions.

“This action sets a dangerous precedent, where constitutional offices can be undermined through external pressure,” said Koome.

Koome also expressed concern over the downsizing of the Judiciary Police Unit, saying it weakens security for judicial officers and infrastructure nationwide.

She called for the immediate restoration of her security detail, stressing that judicial independence is vital to safeguarding constitutional democracy.

 KMJA President Justice Stephen Radido in an earlier statement, confirmed that the officers had been re-attached to the CJ, condemning the initial move by the National Police Service (NPS).

Justice Radido criticised Inspector General of Police Douglas Kanja’s explanation for recalling the officers for training and promotion, stating that he should have followed due process and informed the Chief Justice earlier.

Koome’s security detail, however, was reinstated after public outcry from different quarters.