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Judicial Service Comission v. Mbalu Mutava & another

(2015) JELR 100504 (CA)

Court of Appeal  •  Civil Appeal 52 of 2014  •  8 May 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Wanjiru Karanja, John Wycliffe Mwera, William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, NAMBUYE, KARANJA, MWERA and OUKO, JJ.A.)

CIVIL APPEAL NO. 52 OF 2014

BETWEEN

THE JUDICIAL SERVICE COMISSION.....................................APPELLANT

AND

HON. MR. JUSTICE MBALU MUTAVA.......................1ST RESPONDENT

THE ATTORNEY GENERAL................. ..................2ND RESPONDENT

(An appeal from the judgment of the High Court of Kenya at Nairobi (Nyamweya, Ngugi and Odunga, JJ.) dated 17th February, 2014

in

High Court Petition No. 337 of 2013)

******************

JUDGMENT OF GITHINJI, JA.

[1] This appeal raises primarily two constitutional questions, firstly whether the Judicial Service Commission (JSC) in initiating the process of removal of a judge under article 168(2) of the Constitution is bound to afford a judge a fair administrative action under article 47(2) of the Constitution and if so, to what extent, and, secondly, whether the President upon receipt of a petition from JSC for removal of a judge is bound by article 168(5) o…

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