President Uhuru Kenyatta has suspended Lady Justice Mary Muthoni Gitumbi Judge of the Environment and Land Court from office with immediate effect.
This was after the Judicial Service Commission recommended her removal citing her inability to perform the functions of the office.
In a Gazette notice, the President has formed a tribunal to inquire into the matter.
“The mandate of the tribunal shall be: To consider the Petition on removal of the Hon. Lady Justice Mary Muthoni Gitumbi from office on the reason of her inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a),” reads the Gazette Notice.
The tribunal will be chaired by Judge Hellen Amolo and other members are Justice Luka Kimaru, Justice Linnet Ndolo, Peter Murage, Martha Nyakado, Dr Frank Njenga and Dr Margaret Othieno.
Joint Secretaries of the tribunal are Josiah Musili and Dr. Patrick Amoth while the Lead Counsel will be Emmanuel Omondi Bitta who will be assisted by Peter Muriithi Njeru.
After conducting the inquiry, the tribunal shall prepare and submit a report and its recommendations to the President for action.
According to the commission, various medical reports disclosed the judge’s inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution.
“The Judicial Service Commission having considered various medical reports was satisfied that a ground for removal of the Hon. Lady Justice Mary Gitumbi, on the reason of her inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution, had been disclosed,” read the petition.
The law states that when the President receives the petition to suspend the judge from office and acting in accordance with the recommendation of the Judicial Service Commission, he shall appoint a tribunal to inquire into the matter.
