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Kenya: Two Judges Dropped
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The Nation (Nairobi)
2 May 2008
Posted to the web 2 May 2008
Jeff Otieno
Nairobi
Two High court judges have been sacked after they were found to have engaged in unethical behaviour.
The two judges are Justice Tom Mbaluto and Justice Joseph Vitalis Odero Juma.
The decision was reached after President Kibaki received three reports from the tribunals he appointed to investigate the conduct of judges at his Harambee House office yesterday.
However, Justice Amraphael Mbogholi Msagha was reinstated after the team appointed to investigate him recommended that his suspension be lifted.
The tribunal investigating Justice Mbaluto found him to have engaged "in unethical practices and absence of integrity" in the performance of the functions of his office. The tribunal added that his behaviour 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 Puisne Judge for misbehaviour under section 62 (4) of the constitution," the statement from the President Press Service said.
Members of the tribunal that investigated Justice 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.
A different tribunal investigating the conduct of Justice Juma also reached the same verdict. It concluded that of the 12 allegations he faced, nine were proved while three allegations were rejected.
The tribunal concluded 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".
It 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.
"However, Justice Mbogholi Msagha was the decision of tribunal, derived from its investigations of the facts presented is that the judge should not be removed from office."
Based on the recommendation, the tribunal said "the current suspension of Justice Mbogholi Msagha from exercising the functions of his office immediately ceases to have effect."
It cited the provisions of section 62 (6) of the constitution in making its decision.
The tribunal was chaired by Hon Mr. Justice (Rtd) Abdul Majid Cockar . Its members were 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.
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Present were Justice and Constitutional Affairs Minister Martha Karua, Attorney General Amos Wako and the Head of Civil Service and Secretary to the Cabinet Ambassador Francis Muthaura.
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