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Former Law Society of Kenya president Nelson Havi has announced his intention to apply for the vacant Supreme Court judge position.
In a post shared on X, Havi said his decision is meant to spark a wider public debate on the mandate, structure, and functioning of the Judicial Service Commission (JSC). He explained that his application is intended to create an opportunity to directly engage the commission on concerns he has previously raised about its operations.
“I will apply for the vacant position of Judge of the Supreme Court purely to initiate a serious public discussion with the JSC on its role. You may even use this post as part of the questions during the process,” Havi stated.
His remarks followed the JSC’s official announcement of a vacancy at the Supreme Court, calling on eligible candidates to submit applications.
The Judiciary is looking to fill one slot on the seven-member Supreme Court bench after the death of Justice Ibrahim Mohamed on December 17, 2025.
Havi’s declaration comes amid his long-running public and legal confrontations with the JSC and members of the apex court. The senior counsel has been involved in several court cases challenging the commission’s disciplinary authority over Supreme Court judges, including petitions seeking the removal of the entire bench.
Most recently, on November 18, 2025, a three-judge High Court panel rejected an application seeking their recusal from a case questioning the JSC’s power to discipline Supreme Court judges. The application, filed by Havi, argued that Chief Justice Martha Koome—herself a party to the petitions—should not have appointed the bench.
The judges dismissed the request and proceeded with the hearing, which stems from petitions calling for the removal of all Supreme Court judges, petitions that the judges are currently opposing.
Central to the ongoing legal dispute is the extent of the JSC’s disciplinary authority and whether its procedures meet constitutional and legal standards.
In a related case, the High Court—through Justices Roselyn Aburili, John Chigiti, and Alexander Muteti—barred the JSC from handling petitions seeking the removal of judges until regulations required under Section 47 of the Judicial Service Act are enacted. The court ruled that the lack of such regulations compromises due process.
The decision prompted the JSC to appeal, arguing that the ruling effectively stalled its constitutional mandate.
“The judgment restricts the commission’s constitutional functions and subordinates the Constitution to subsidiary legislation,” the JSC contended.
Subsequently, a three-judge Court of Appeal bench led by President Daniel Musinga, alongside Justices Mumbi Ngugi and George Odunga, issued interim orders suspending the High Court ruling pending the outcome of the appeal.
