President Uhuru Suspends Justice Mary Muthoni Gitumbi over Mental Incapacity

President Kenyatta has suspended judge Mary Muthoni Gitumbi of the Environment and Land Court with immediate effect.

This comes after the Judicial Service Commission (JSC) recommended her removal on grounds of mental incapacity.

JSC petitioned the president to remove the judge after considering various medical reports that disclosed her inability to perform the functions of office arising from mental incapacity under Article 168 (1) (a) of the Constitution.

Kenyatta, through a gazette notice dated August 23rd, formed a tribunal to inquire into the petition by JSC on the removal of Justice Gitumbi.

Members of the tribunal include Justice Luka Kiprotich Kimaru, Lady Justice Linnet Ndolo, Peter Munge Murage, Mary Martha Nyakado Bonyo, Dr. Frank Njenga, and Dr. Margaret Othieno Makonyengo.

The tribunal will be chaired by Lady Justice Omondi Hellen Amolo while Josiah Musili and Dr. Patrick Amoth are the Joint Secretaries. 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 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),” reads the gazette notice.

The tribunal is required to prepare and submit a report and its recommendations to the President for action.