Law Society of Kenya (LSK) President Nelson Havi has termed a scheme to remove Chief Justice David Maraga by a section of the Judicial Service Commission as illegal.

Havi in an address to the media on Friday evening said part of the JSC was hatching a scheme to remove CJ Maraga pending his retirement in January 21, 2020.

He has threatened to recall LKS representation to JSC saying the commission's credibility was on trial as it now portrays signs of possible capture by the executive.

According to Havi, Maraga's recent stands and actions were unpopular and had warranted the new plot to replace him from office before his retirement.


The Star Newspaper on Friday reported a possible plan to prematurely end the term of CJ Maraga before his retirement. Havi blames JSC's Macharia Njeru, who he says confirms the intended removal of the Chief Justice.

"The appointment of the Chief Justice and his deputy is regulated by Section 30 of the JSC Act. 

"The Act requires that the recruitment of the Chief Justice and the deputy be commenced only after a vacancy occurs in the offices," stated Havi.

The LSK boss said its members were aware of the intention to amend the law with the aim of targeting Justice Maraga and Philomena Mwilu.

"It can not be explained why the two commissioners are determined to pursue a course whose result will read to peril and dent the credibility of the commission.

"Certain individuals in this government are not happy with the manner with which the Chief Justice has stood firm to the defence of the role of law and constitutionalism in Kenya," stated Havi.

He cited the invalidation of the 2017 presidential elections and the demand to have 41 judges sworn in upon appointment by JSC.

Havi also linked the plot to remove the CJ to the move by the CJ to call for the dissolution of parliament over failure to implement the two-thirds gender rule in parliament and demand for funding for the Judiciary.

LSK will move to court to counter the move.