Kenyan judge suspended over mental incapacity

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President Uhuru Kenyatta has announced the suspension of Environment and Land Court judge Mary Muthoni Gitumbi over her inability to perform the office functions.

In a Gazette Notice dated August 23, 2021, Kenyatta said the decision was arrived at following a recommendation by the Judicial Service Commission (JSC)-judges and magistrates’ employer.

After carrying out an inquiry into Muthoni's medical reports, the JSC concluded that her inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution.

Therefore, Kenya's Head of State has formed a tribunal to inquire into the petition, and it will be required to submit its report as soon as possible.

Members of the tribunal are Lady Justice Omondi Hellen Amolo (chair), Justice Luka Kiprotich Kimaru, Lady Justice Linnet Ndolo, Peter Munge Murage, Mary Martha Nyakado Bonyo, Dr Frank Njenga, and Dr Margaret Othieno Makonyengo.

While Joint Secretaries of the tribunal are Josiah Musili and Dr Patrick Amoth, the Lead Counsel will be Emmanuel Omondi Bitta, assisted by Peter Muriithi Njeru.

Justice David Njagi Marete had also been suspended but survived after accusations levelled against him were dropped.

Complainants accused Judge Njagi in land cases he handled of misconduct, impropriety, conflict of interest, and breach of judicial code of conduct.

©Standard Gazette, 2021. Unauthorized use and/or duplication of this material without express and written permission from this site’s publisher is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Standard Gazette with appropriate and specific direction to the original content.
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