Chief Justice David Maraga has sworn in a tribunal, which includes the chairperson, members, joint secretaries and assisting counsels, set up to investigate the conduct of Justice Lucy Waithaka, Justice Njagi Marete and Justice Martin Muya. Justice Marete is facing a petition against him filed by the Kenya Tea Growers’ Association, Justice Muya is facing a petition filed against him by NIC Bank and Justice Waithaka is accused of issuing two conflicting judgements in a case.
Speaking after the swearing-in, Chief Justice David Maraga said in any constitutional democracy the independence of the Judiciary is cardinal but it goes with accountability. He said the Constitution provides that if there are issues with the conduct of Judges raised and are thought to be against the spirit of the constitution, an independent tribunal has to be appointed to investigate.
He urged the tribunal to do the work they’ve sworn without fear, “This is a solemn responsibility and I want to congratulate you once again and I urge you to do your duty as you’ve sworn without fear or favour bearing in mind that you are serving the people of Kenya,” he said.
The 11 member tribunal is led by Alnashir Visram, and includes Justice (Rtd) Festus Azangalala, Paul Nyamondi, Ambrose Weda, Stella Munyi, Josiah Musili among others. Visram affirmed that the tribunal will perform its duties well and in accornace with the oath they have taken.