President Uhuru Suspends Judge Mary Muthoni Gitumbi Over Mental Incapacity

by Lawyer Alex

President Uhuru Kenyatta has suspended Environment and Land Court judge Mary Muthoni Gitumbi following recommendation for her removal by the Judicial Service Commission (JSC) on grounds of mental incapacity.

In a Gazette Notice dated August 23, 2021 the Head of State has further formed a tribunal to inquire into the petition by JSC on the removal of justice Gitumbi.

The Judicial Service Commission petitioned President Kenyatta to remove Lady Justice Mary Gitumbi after considering various medical reports, which, according to the commission, disclosed the judge’s “inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution.”

Members of the tribunal, which 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.

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.

“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),” reads the Gazette Notice.

After conducting the inquiry, the tribunal shall prepare and submit a report and its recommendations to the President for action.

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