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JOSEPH MBALU MUTAVA
V.
TRIBUNAL

(2019) JELR 97399 (SC)

Supreme Court 12 Mar 2019 Kenya
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Case Details

Suit Number:Petition 15 “B” of 2016
Judges:Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Susanna Njoki Ndungu
Other Citations:Joseph Mbalu Mutava v. Tribunal appointed to Investigate the conduct of Justice Joseph Mbalu Mutava, Judge of the High Court of Kenya [2019] eKLR

JUDGMENT OF THE COURT

A. INTRODUCTION

1. The Petitioner, a Judge of the High Court, appeals the decision of the Tribunal appointed to investigate his conduct, pursuant to Article 168(5) of the Constitution, which recommended his removal from office.

B. BACKGROUND

2. The Petitioner was appointed a Judge of the High Court of Kenya on 23rd August, 2011. Between March 2012 and March 2013, several complaints were lodged with the Judicial Service Commission (“JSC”) against the Petitioner. On 1st December, 2012, the JSC constituted a Committee to investigate those allegations. After an inquiry, on 17th May, 2013, the Committee submitted its report to the JSC proposing that three out of the thirteen complaints received by the JSC disclosed sufficient grounds which could possibly lead to the removal of the Petitioner from office.

3. Subsequently, on 20th May, 2013, the JSC sent a Petition to the President, Hon. Uhuru Kenyatta, recommending the suspension of the Petitioner and the appointment of a T…

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