Judicial Service Commission has dismissed a petition filed by lawyer Nelson Havi seeking the removal of High Court Judge Alfred Mabeya over claims of misconduct.
The commission, in its decision today, said that the petition filed by the former Law Society of Kenya was inviting it to illegally sit on the appeal of a case where the judge made a decision.
The Chief Justice Martha Koome-led commission observed that the battle between Pumwani Riyadha Mosque Committee against Gikomba Business Limited had been settled by the Court or Appeal last month. "The Commission observed that delving into a Petition of such a nature would be tantamount to sitting on appeal or reviewing a Court's decision, a mandate which is outside the jurisdiction of the Commission," the Commission ruled.
Havi filed the petition for the removal of Justice Mabeya following his verdict against his client, Riyadha, over a land lease.
