JUDICIAL SERVICE COMISSION
V.
MBALU MUTAVA & ANOTHER

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, NAMBUYE, KARANJA, MWERA and OUKO, JJ.A.)

CIVIL APPEAL NO. 52 OF 2014

BETWEEN

THE JUDICIAL SERVICE COMISSION.....................................APPELLANT

AND

HON. MR. JUSTICE MBALU MUTAVA.......................1^ST RESPONDENT

THE ATTORNEY GENERAL................. ..................2^ND RESPONDENT

(An appeal from the judgment of the High Court of Kenya at Nairobi (Nyamweya, Ngugi and Odunga, JJ.) dated 17^th February, 2014

in

High Court Petition No. 337 of 2013)

******************

JUDGMENT OF GITHINJI, JA.

[1] This appeal raises primarily two constitutional questions, firstly whether the Judicial Service Commission (JSC) in initiating the process of removal of a judge under article 168(2) of the Constitution is bound to afford a judge a fair administrative action under article 47(2) of the Constitution and if so, to what extent, and, secondly, whether the President upon receipt of a petition from JSC for removal of a judge is bound by article 168(5) o…