Supreme Court kicks out judge from High Court

High Court judge kicked out

Chief Justice David Maraga (right) and DCJ Philomena Mwilu (left)

The Supreme Court on Tuesday upheld the decision of a tribunal to remove Judge Joseph Mutava Mbalu from sitting at the High Court bench.

The tribunal, chaired by Chief Justice David Maraga in September 2016, found the judge guilty of gross misconduct on six accusations that were lodged against him.

Two of the accusations involved a Goldenberg case hearing while the rest involved collusion with other judges to bypass his superiors and allocate himself a case file.

He allegedly went on to write a ruling for the case in which he was being investigated.

Justice Joseph Mutava Mbalu at the Supreme Court

The Tuesday judgment was delivered by by Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Jackton Ojwang', Isaac Lenaola, and Njoki Ndung'u, who heard his appeal.

President Uhuru Kenyatta had suspended the judge following the findings of the Maraga-led tribunal in 2016.

He would later appeal the decision at the Supreme Court asking to be reinstated.

According to Article 168 of the Kenyan Constitution, President Kenyatta is now required to follow the tribunal's decision to remove the judge.

"The President shall act in accordance with the recommendations made by the tribunal on the later of the completion of all rights of appeal in any proceedings allowed for under clause (8), if such an appeal is taken and the final order in the matter affirms the tribunal’s recommendations," the Constitution directs.

The judge is husband to National Assembly deputy speaker and Kibwezi East MP Jessica Mbalu.


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