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Uhuru suspends Judge on mental grounds

President Uhuru Kenyatta has suspended an Environment and Land Court judge on grounds of mental incapacity.

In a gazette notice issued on Tuesday, August 24, 2021, the Head of State said the decision had been arrived at following a recommendation by the Judicial Service Commission (JSC).

President Kenyatta has further formed a Tribunal to inquire into the petition by JSC on the removal of Justice Mary Gitumbi.

According to JSC, their move was based on various medical reports which disclosed the judge’s “inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution.”

The tribunal which will be chaired by Lady Justice Omondi Hellen Amolo is supposed to prepare and submit a report and its recommendations to the President.

“The mandate of the tribunal shall be: To consider the Petition for 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 in part.

Others who are part of the tribunal include Justice Luka Kiprotich Kimaru, Lady Justice Linnet Ndolo, Peter Munge Murage, Mary Martha Nyakado Bonyo, Dr. Frank Njenga, and Dr. Margaret Othieno Makonyengo.

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.