GAZETTE NOTICE NO. 8625

Whereas the Judicial Service Commission has pursuant to Article 168 of the Constitution submitted a petition for removal from office of the Hon. Lady Justice Mary Gitumbi, Judge of the Environment and Land Court; Whereas the petition is premised on the Constitutional provisions on removal from office of a Judge of a Superior Court, Under Article 168 (1) (a) of the Constitution and is pursuant to the findings of the Judicial Service Commission; and Whereas pursuant to Article 168 (5), the President shall on receiving of the petition suspend the judge from office and acting in accordance with the recommendation of Judicial Service Commission appoint a tribunal to inquire into the matter. NOW THEREFORE and having considered the petition of the Judicial Service Commission together with its annexures, I note that: The Judicial Service Commission having considered various medical reports was satisfied that a ground for removal of the Hon. Lady Justice Mary Gitumbi, on the reason of her inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution, had been disclosed. REASONS WHEREFORE, and in exercise of the powers conferred by Article 168 (5) (b) of the Constitution of Kenya as read with section 31 of the Judicial Service Act, 2011, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, do direct/determine as follows: (i) Hon. Lady Justice Mary Muthoni Gitumbi Judge of the Environment and Land Court be and is suspended from office with immediate effect. (ii) A Tribunal to inquire into the matter be and is appointed, constituted as: Chairperson: Hon. Lady Omondi Hellen Amolo Members: Hon. Justice Luka Kiprotich Kimaru, Hon. Lady Justice Linnet Ndolo, Peter Munge Murage, Mary Martha Nyakado Bonyo, Frank Njenga (Dr.), Margaret Othieno Makonyengo, (Dr.), Joint Secretaries: Josiah Musili, Patrick Amoth (Dr.), Lead Counsel: Emmanuel Omondi Bitta, Assisting Counsel: Peter Muriithi Njeru (iii) 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). (iv) In the discharge of its functions, the Tribunal shall: (a) Prepare and submit a report and its recommendations thereon expeditiously; and (b) Exercise all the powers conferred upon it by law for the proper execution of its mandate. Dated the 20th July, 2021. UHURU KENYATTA, President. 3:22 PM THE KENYA GAZETTE 23rd August, 2021 3724 3724