PHOTO/@NelsonHavi/X
Nairobi High Court has on Friday, July 4, 2025, advised the former Law Society of Kenya (LSK) President Nelson Havi to avoid side shows in court.
A three-judge bench hearing the seven petitions filed seeking the removal of the Supreme Court judges from office stated that the court is a place to seek justice, and all advocates should ensure that they do not bring the sideshows.
The advice came after a disagreement ensued towards the end of the court session, leading to Havi making remarks that did not sit well with his fellow advocates.
The disagreement came after Justices Charles Kariuki, Lawrence Mugambi, and Bahati Mwamuye set October 3, 2025, to hear his new application over the same matters.
Havi filed a certificate of urgency seeking to have the three judges recuse themselves from hearing and determining the seven petitions seeking the ouster of all the Supreme Court judges.
Havi argued that the set date is too far, stating that the said matter is filed as urgent.
” This is a matter concerning judges of the Supreme Court, it is prioritised as urgent. What can be more urgent to this court?” Lawyer Havi asked the bench.
He further pleaded with the bench to have an earlier date.
In his response, the presiding Judge said that it was impossible to have an earlier date since one of the judges was starting his leave.
He also stated that they have other matters to handle and that is the only available date.
” It is not feasible to allocate an earlier date, the only available date is October 3, 2025, and one of us is going for his leave,” Justice Kariuki stated.
Havi’s disappointment
Havi, who was attending the court virtually, expressed his disappointment on the same but accepted the date and logged out immediately.
” We will take the date of October, but with tremendous respect, this is a disappointment to all advocates practising before the courts of this country,” Havi told the court.
However, his statement did not sit well with the bench and some of the lawyers who were present in court, and immediately distanced themselves from it.
Two senior counsels representing Chief Justice Martha Koome in the matters, George Oraro and James Oduor, rose to their feet and distanced themselves from Havi’s remarks.
They said that Havi should not tag along all the advocates as he has stated in his statement, but do it as a lone advocate.
” We do not align ourselves with those sentiments; we urge the court to remind advocates to uphold decorum and respect,” Senior Counsel Oduor stated.
In his response, Judge Kariuki stated that the issue is well noted by the court, urging advocates to avoid sideshows in court, since it is meant to ensure justice.
” We have taken note of that and we appreciate it, we hope that advocates when we come here, we come to do justice, all without any side shows,” Justice Kariuki stated.
Havi has moved to court seeking to have the three-judge bench step aside from hearing and determining seven consolidated petitions seeking the removal of all Supreme Court judges.
Through a certificate of urgency filed at the Milimani High Court, Havi wants the current three judges—Charles Kariuki, Lawrence Mugambi, and Justice Bahati Mwamuye—disqualified and a new bench appointed.
He argues that Chief Justice Martha Koome, who appointed the bench to hear the matters, is among the judges he is seeking to remove from office, citing conflict of interest and lack of impartiality.
“I seek Justices Kariuki, Mugambi, and Mwamuye to hereby recuse themselves from further hearing the seven consolidated petitions herein,” lawyer Havi states in his application.
Further, Havi states that it is unconstitutional for CJ Koome, who is also a petitioner in one of the consolidated matters, to assign the same three judges to hear her own petition and 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,” lawyer Havi states.
