Tribunals recommend removal of judges Mbaluto and Juma
Written By:PPS , Posted: Fri, May 02, 2008
President Mwai Kibaki Friday at his Harambee House office received three reports from the tribunals he appointed to investigate the conduct of judges, Justice Tom Mbaluto, Justice Amraphael Mbogholi Msagha and Justice Joseph Vitalis Odero Juma.
In the matter of Justice Tom Mbaluto, the tribunal found him to have engaged in unethical practices and absence of integrity in the performance of the functions of his office, which amounted to misbehaviour as, provided for by section 62 (3) of the Constitution of Kenya.
The tribunal, therefore, recommended that in accordance with section 62 (5) of the Constitution of Kenya, Justice Mbaluto be removed from the office of Pusine Judge for misbehaviour under section 62 (4) of the constitution.
Members of the tribunal that investigated Justice Tom Mbaluto were, Hon. Lady Justice Jessie Lesiit, as the chair, Hon Lady Justice Hannah Kwengu, Justice Jackton Ojwang, Justice Festus Azangalala and Justice Luka Kimaru.
In the matter of Mr. Justice Joseph Vitalis Odero Juma, the tribunal investigating his conduct found that of the twelve allegations he faced nine were proved while three allegations were rejected.
The tribunal noted that the nine proved allegations disclosed that Hon. Justice Juma was engaged in unethical practices and absence of integrity in the performance of the functions of judge of the High Court of Kenya.
The tribunal, therefore unanimously, recommended that Justice Juma ought to be removed from office under section 62 (4) of the Constitution of Kenya.
The tribunal was chaired by Hon. Justice (Rtd) Abdul Majid Cockar with Hon. Mr. Justice John Mwera, Hon. Mr. Justice Leonard Njagi, Hon. Mr. Justice Daniel Musinga and Hon. Mr. Justice Isaack Lenaola as members.
In the matter of the Hon. Mr. Justice Amraphael Mbogholi Msagha the decision of tribunal, derived from its investigations of the facts presented is that the judge should not be removed from office.
The consequence of the recommendations is that in accordance with the provisions of section 62 (6) of the constitution, the current suspension of the Hon. Mr. Justice Mbogholi Msagha from exercising the functions of his office, immediately ceases to have effect.
The tribunal was also chaired by Hon Mr. Justice (Rtd) Abdul Majid Cockar with Hon. Mr. Justice John Mwera, Hon. Mr. Justice Leonard Njagi, Hon. Mr. Justice Daniel Musinga and Hon. Mr. Justice Isaack Lenaola as members.
Speaking after receiving the reports, President Kibaki commended the tribunals for their professionalism and for conducting the investigations expeditiously.
Present were Justice and Constitutional Affairs Minister Martha Karua, Attorney General Amos Wako and the Head of Civil Service and Secretary to the Cabinet Amb. Francis Muthaura.