Lawyer Nelson Havi has publicly called for advocates to challenge the continued sitting of Josephine Mongare over allegations of corruption and misconduct that he says must first be addressed before she continues to preside over court matters. Havi, who says he has been exposing what he believes are irregularities surrounding the judge, urged lawyers to log into her virtual court sessions and ask her to step aside until investigations are concluded.
According to Havi, a judge facing investigations over claims of bribery should not continue determining disputes involving citizens. He argued that such a situation raises both legal and ethical concerns because the public must have confidence in the independence and integrity of the judiciary. Havi said lawyers should respectfully request the judge to clear her name before continuing with any cases.
Havi said he has known Justice Mongare since 2017 when he met her at events organized by the Federation of Women Lawyers Kenya, where she previously served as chairperson. He explained that during that time he contributed resources and participated in several activities linked to the organization, which gave him an opportunity to observe her professional conduct over time.
The lawyer further said he has appeared before the judge in court over the past two years. While he described her public demeanor as civil and friendly, he criticized what he believes to be the quality of some of her rulings. Havi claimed that several decisions he received were short and lacked detailed analysis of evidence, statutes, or past court decisions.
Senior Counsel Nelson Havi and Justice Mong’are. Photo Courtesy/Nelson Havi/Facebook
Tensions between the two are said to have escalated in 2024 after Havi wrote about corruption within the justice system following the fatal shooting of a magistrate in court. He says Justice Mongare criticized him in court for remarks he had made publicly about the incident, which he interpreted as an attempt to silence his views.
Havi later alleged that his relationship with the judge deteriorated after that exchange, claiming that he subsequently lost several cases before her. He said he later learned from mutual acquaintances that the judge had decided to teach him a lesson, an allegation that has not been publicly confirmed by the judge.
The lawyer has also linked Justice Mongare to claims of bribery involving a case related to traders in the Gikomba area. He alleged that money was solicited through intermediaries in connection with the matter, though the claims remain disputed.
Havi previously lodged complaints against the judge before the Judicial Service Commission, which later cleared her of wrongdoing in that particular complaint. However, he has maintained his position and has since filed legal action challenging the outcome.
He also referred to past disciplinary action taken against former judge Joseph Mutava, saying the case demonstrated that accountability within the judiciary can be achieved after sustained pressure and legal processes.
Despite the earlier decision by the Judicial Service Commission, Havi says he will continue pushing for further scrutiny of the allegations. He has urged lawyers to raise the matter in court sessions and maintain pressure until the judge clears her name before investigative bodies.
