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…