Former Law Society of Kenya president Nelson Havi wants the case filed by Chief Justice Martha Koome challenging his petition for her removal from office struck out.
In his objection and reply before the court, Havi claimed that the court has no powers to entertain cases from Judicial Service Commission (JSC) before it has determined a petition for removal of a judge.
According to him, the Constitution does not contemplate a scenario where JSC chair can sue it over a violation of a right. "The action by the Petitioner does not raise a reasonable cause of action for a constitutional petition, the action is not justiciable but hypothetical and speculative.
As the Constitution of Kenya did not contemplate that the Chief Justice of the Republic of Kenya as head of an Arm of the Government of the Republic of Kenya and a State officer would sue the Judicial Service Commission of which she is chair," argued Havi.
