The year 2025 witnessed a major constitutional crisis in Kenya's legal sector, with Chief Justice Martha Koome and other High Court judges facing disciplinary complaints from lawyers Nelson Havi, Ahmednasir Abdullahi, and Raphael Tuju. These complaints have triggered investigations and potential removal proceedings. The dispute highlights tensions between judicial independence and accountability.
The crisis began several years ago with attacks by lawyer Ahmednasir Abdullahi, known as Grand Mullah, alongside a controversial case over the auction of Raphael Tuju's property. It escalated into a major dispute involving lawyer Nelson Havi, both former presidents of the Law Society of Kenya (LSK).
In January 2024, the High Court barred Ahmednasir and lawyers from his firm from appearing before it, claiming his 'jurispesa' campaign aimed to defame the institution. This led to sharp social media criticisms from Havi and others, followed by formal complaints to the Judicial Service Commission (JSC).
In January 2025, Havi, Tuju, and lawyer Christopher Rosana petitioned the JSC to remove Koome and other judges for misconduct, poor performance, and inappropriate conduct. In February 2025, the JSC ordered the judges to respond to the petitions, but the judges replied in the High Court, contesting the JSC's authority under Articles 171 and 172 of the Constitution.
Tuju intensified pressure with letters accusing Koome of bias, particularly over a panel of five judges upholding the auction of his 27-acre Karen property in a dispute with the East African Development Bank. The High Court issued an interim order in February halting the JSC's removal process.
Article 168 of the Constitution grants judges the right to appeal to the Supreme Court within 10 days after a removal decision. The crisis has exposed a legal gap and influenced public views on the balance of power. Supporters of the judiciary have decried online attacks, with the Magistrates and Judges Association labeling them as attempts to undermine judicial work.
Though unresolved, the dispute persists with potential to extend into 2026, and its outcomes will reshape Kenya's constitutional framework.
