The Law Society of Kenya (LSK) President Nelson Havi now says that Chief Justice Martha Koome doesn’t recognize the lawyer’s body.
The LSK boss made the remarks on Monday while responding to lawyer Ahmednasir Abdullahi’s comment on CJ Koome’s directive on resumption of physical hearings.
In an internal memo dated October 28, Koome had asked all judges, magistrates, kadhis and members of tribunals to resume physical hearings citing a drop in Covid-19 cases across the country.
Koome, however, indicated that the Judiciary will continue to use the online technology that improved access to justice during the pandemic.
“The commendable strides achieved in the use of technology and the tremendous benefit it has had on access to justice cannot be gainsaid, and will therefore still continue to be our mode of operation,” Koome said while referring to the e-filing and virtual hearings technology adopted by the Judiciary.
In a tweet, Abdullahi asked the President of the Supreme Court to issue a clarification on whether she meant online hearings will continue despite the resumption of physical hearings.
“@CJMarthaKoome…please clarify. In one sentence you imply physical court sessions MUST resume. In the last paragraph, you state on line hearing WILL continue. I know you don’t like engaging lawyers & their representatives but MY LADY a meeting with Rais @NelsonHavi is critical,” the lawyer said.
In a rejoinder, Havi alluded that Koome, who took over from David Kenani Maraga in May this year, has never consulted the LSK leadership. He further criticized the CJ’s decision saying it was “not based on sound advice”.
“Madam CJ doesn’t recognize leadership of LSK just like CJ Hancox (Robin Allan Winston Hancox). Her decision is not based upon sound advice. The online hearing platform is viable for disposal of mentions, applications and simple hearings. No need for physical Court appearances save for complex cases,” Havi tweeted.
Madam CJ doesn’t recognize leadership of LSK just like CJ Hancox. Her decision is not based upon sound advice. The online hearing platform is viable for disposal of mentions, applications and simple hearings. No need for physical Court appearances save for complex cases. ^POLSK https://t.co/img1pvt2LM
— Nelson Havi (@NelsonHavi) November 1, 2021
This is not the first time Havi, who contested Koome’s bid for the top Judiciary job, is criticizing the CJ.
On Friday, he said slammed Koome for responding to former Chief Justice Willie Mutunga’s call for judges to down their tools in protest of disobedience of court orders by the Executive.
“Chief Justice Martha Koome lacks emotional intelligence. She needed not to respond to Retired Chief Justice Dr Willy Mutunga’s call for Judges to go on strike. It is common sense that Judges cannot go on strike,” Havi wrote on Twitter.