TOM MBALUTO
V.
JESSIE LESIIT, HANNAH OKWENGU, JACKTON OJWANG, FESTUS AZANGALALA & LUKA KIMARU

JUDGMENT OF THE COURT

This is an appeal from the ruling of Wendoh, J dated 18^th September, 2009 in which the learned Judge of the High Court dismissed the appellant’s application for leave to apply for orders of certiorari relating to the Tribunal of Inquiry to Investigate the conduct of Justice Tom Mbaluto (“the Tribunal”), and its report and decision made the 2^nd May, 2008.

The appellant was appointed Judge of the High Court on 2^nd April, 1986. On 15^th October, 2003, His Excellency the President of the Republic of Kenya, Hon. Mwai Kibaki, acting in exercise of the powers conferred on him by the Constitution then in existence, appointed the Tribunal to investigate the conduct of the appellant (and several other Judges) in relation to certain allegations of impropriety made against the appellant, and to make a report and its recommendations, in accordance with the then Constitution.

The Tribunal, comprising Justices Lesiit, Okwengu, Ojwang, Azangalala and Kimaru conducted its proceedings…