REPUBLIC V. TRIBUNAL OF INQUIRY TO INVESTIGATE THE CONDUCT OF TOM MBALUTO, JESSIE LESSIT, HANNAH OKWENGU, JACKTON OJWANG, FESTUS AZANGALALA, LUKA KIMARU & JUDICIAL SERVICE COMMISSION EX PARTE TOM MBALUTO

JUDGMENT OF THE COURT

Until 2nd May 2008 when a tribunal appointed by the President under section 62 of the former Constitution recommended his removal from office, Tom Mbaluto, the ex parte applicant in the High Court, was a judge of the High Court. He was appointed to that office on 2nd April 1986 and under the terms of the former Constitution under which he was appointed, would have retired upon attainment of 74 years of age, which has already come to pass by the time of hearing this appeal. For convenience we shall refer to him as “the appellant” in this judgment. The 1st respondent (“the Tribunal”), is the body made up of five serving judges of the High Court at the material time, namely Hon. Justice Jessie Lessit, Hon. Justice Hannah Okwengu, Hon. Prof. Justice Jackton Ogwang, Hon. Justice Festus Azangalala and Hon. Justice Luka Kimaru, which inquired into the appellant’s conduct and recommended his removal to the President. The 2^nd respondent (“the Commission”) is the Judicial S…