President Uhuru Kenyatta has suspended a judge and ordered her replacement in the Judicial Service Commission (JSC).
Through a Gazette Notice Uhuru on Tuesday, August 24, he suspended judge Mary Muthoni Gitumbi of the Environmental and Land Court over mental incapacity.
The head of state further formed a tribunal and tasked them with tabulating a report regarding her suspension.
Members of the tribunal will be chaired by Lady Justice Omondi Hellen Amolo include; Justice Luka Kiprotich Kimaru, Lady Justice Linnet Ndolo, Peter Munge Murage, Mary Martha Nyakado Bonyo, Dr. Frank Njenga, and Dr. Margaret Othieno Makonyengo.
“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),” read the Gazette Notice.
Judge Muthoni during her tenure at the Environmental and Land Court made some controversial judgments.
In 2015, she delivered the verdict on the Lang'ata land saga, awarding the school right to use the disputed land. Muthoni declined a request by Airport View Housing Limited to stop further demolition of the perimeter wall around the contested playground or any encroachment on the property.
“Having heard the application, I am not satisfied and decline to issue any interim orders at this juncture since the application can be heard and determined within a short time,” ruled Judge Muthoni.
Her ruling contradicted with an order that was issued by then Education CS Fred Matiang'i and Joseph Nkaissery, ordering the company to bring down the wall and clear the debris within 24 hours.
Judge Gitumbi gave the county government, which the firm named as the respondent, seven days to file their reply.
Uhuru's suspension order comes as Chief Justice Martha Koome embarks on a hiring spree to address the backlog of cases.
In a statement dated August 23, Lady Justice Koome announced that fifty magistrates will be recruited into the Judiciary in September 2021.
The head of the Judiciary disclosed that efforts will be made to bridge the gap created in the High Court following the appointment of 10 judges to the Court of Appeal.
