Former Law Society of Kenya (LSK) President Nelson Havi has filed a formal complaint with the Judicial Service Commission (JSC) requesting the removal of Justice Alfred Mabeya from his position as a High Court judge.
In a detailed affidavit submitted on Friday, Havi argues that Mabeya’s actions reflect gross misconduct and incompetence, demanding a tribunal to investigate the matter and recommend his dismissal to the President.
Havi’s move follows years of frustration with the judiciary’s failure to hold judges accountable for clear legal violations.
He has called on the JSC to distinguish between judicial independence and blatant disregard for binding legal precedents.
Havi also criticized the JSC for excusing judicial misbehavior under the pretext of protecting judicial independence.
This is not the first time Havi has taken action against a judge.
In 2016, his complaint led to the removal of Justice Joseph Mbalu Mutava from the bench.
Havi says that he is prepared to face similar backlash again, just as he did after his previous efforts.
Citing legal precedents such as Wreck Motor Enterprises. The Commissioner of Lands and Gitwany Investment Ltd v. Tajmal Ltd, Havi noted that any ruling contrary to these established principles would be grounds for removal from office.
He further called on other lawyers and litigants who have faced similar misconduct to step forward with their evidence, offering to assist them in pursuing complaints to the JSC.
Havi concluded his statement by urging the JSC to act swiftly, warning that failure to do so would prompt a petition to the National Assembly to remove all commissioners.
