President Uhuru Kenyatta has suspended judge Mary Muthoni Gitumbi on grounds of mental incapacity after Judicial Service Commission (JSC) recommended the suspension, in a petition.
"I note that the Judicial Service Commission has 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 the office arising from her mental incapacity under article 168 (1)(a) of the Constitution of Kenya," JSC's petition in the gazette notice dated August 23, read in part.
"I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, do direct/determine as follows; Hon. Lady Justice Mary Muthoni Gitumbi Judge of the Environment and Land Court be and is suspended from office with immediate effect," the gazette notice read.
In consequence, the president has formed a tribunal to inquire into Justice Gitumbi's removal.
The tribunal will be chaired by Lady Justice Omondi Hellen Amolo.
Other members include; Justice Luka Kiprotich Kimaru, Lady Justice Linnet Ndolo, Mary Martha Nyakado Bonyo, Dr Frank Njenga, Peter Munge Murage, and Dr. Margaret Othieno Makonyengo.
Josiah Musuli and Acting Health Director-General Patrick Amoth have been appointed joint secretaries of the tribunal.
Emmanuel Omondi Bita has been picked as the lead counsel and will be assisted by Peter Mrithi Njeru.
“The mandate of the tribunal shall be: To consider the Petition on the 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),” gazette notice reads.
The tribunal is required to prepare a report after the inquiry after which the president will take the next course of action.