Supreme Court Judge Isaac Lenaola has spoken on the plan to remove them from office, emphasising that it cannot be handled as a joint case.
According to Lenaona, anyone wishing to remove a judge of the apex court must prove their claims against each of the judges.
Speaking during an engagement with law students at the University of Embu Moot Court ahead of his public lecture, Lenaona reiterated that any planned ouster of the judges must be on very serious grounds and not “games on social media.”
“Any claims of misconduct must be individual. When you take your oath of office, you don’t take it together, you take it as yourself and you sign your oath as yourself,” he said.
“I signed the code of conduct as myself, I didn’t sign with the Chief Justice.”
The public lectures are part of the Supreme Court at 12 commemoration.
He, however, stated that if by any chance their removal becomes successful, they still have a right to appeal the case until the Supreme Court.
he called for the resolution of an absurdity in the case first noting there is no way these judges can appeal to themselves the case.
He said in his petition, he would also raise an issue about the doctrine of necessity, seeking answers on whether the CJ can appoint a bench of more than one case yet she is also affected.
He explained: “The removal of a Supreme Court judge in a country is decimating a whole arm of government. You can’t have a democracy when a whole arm of government is collapsed.”
But, he was quick to point out that he is ready to quit if the grounds against him are proven and justifiable. “I have no problem going home if proven I am worthless but it must be on serious grounds… It cannot be games on social media,” he said.
His response follows several petitions filed in court by various parties to remove Chief Justice Martha Koome and the six other judges.
Among them are those submitted by former Law Society of Kenya (LSK) President Nelson Havi on January 13.
Other judges of the court are Deputy Chief Justice Philomena Mwilu, and justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u, and William Ouko.
