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Nairobi, October 15, 2003

President appoints a tribunal to investigate appellate Judges

GAZETTE NOTICE NO.


THE CONSTITUTION OF KENYA


APPOINTMENT OF COUNSEL AND SECRETARY TO THE TRIBUNAL TO INVESTIGATE THE CONDUCT OF THE HONOURABLE JUDGES OF APPEAL RICHARD OTIENO KWACH, AMRITRAL B. SHAH, A. A. LAKHA, MOIJO M. OLE KEIWUA, EFFIE OWUOR AND P. N. WAKI.

IN EXERCISE of the powers conferred by sections 62 (5) and (6) and 64 (3) of the Constitution of Kenya, I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, appoint-

MBUTHI GATHENJI

as counsel to assist the tribunal* appointed to investigate the conduct of the Honourable Judges of Appeal Richard Otieno Kwach, Amaritral B. Shah, A.A. Lakha, Moijo M. ole Keiwua, Effie Owuor and P. N. Waki; and

MARGARET NZIOKA

as secretary to the said tribunal.

Dated this 15th day of October, 2003.


MWAI KIBAKI
PRESIDENT

GAZETTE NOTICE NO.

THE CONSTITUTION OF KENYA


APPOINTMENT OF MEMBERS OF A TRIBUNAL TO INVESTIGATE THE CONDUCT OF THE HONOURABLE JUDGES OF APPEAL RICHARD OTIENO KWACH, AMRITLAL B. SHAH, A. A. LAKHA, MOIJO M. OLE KEIWuA, EFFIE OWUOR AND P. N. WAKI.

WHEREAS the question has arisen that the conduct of the Honourable Judges of Appeal RICHARD OTIENO KWACH, AMRITLAL B. SHAH, A. A. LAKHA, MOIJO M. OLE KEIWUA, EFFIE OWUOR AND P. N. WAKI ought to be investigated.

NOW THEREFORE, in exercise of the powers conferred by sections 62 (5) and (6) and 64 (3) of the Constitution of Kenya, I, Mwai Kibaki, President and Commander-in Chief of the Armed Forces of the Republic of Kenya, appoint-

JUSTICE (RTD) AKILANO MOLANDE AKIWUMI
JUSTICE (RTD) ABDUL MAJID COCKAR
JUSTICE BENJAMIN PATRICK KUBO
PHILIP NZAMBA KITONGA
WILLIAM SHIRLEY DEVERELL

to be members of a tribunal to investigate the conduct of Honourable Judges of Appeal RICHARD OTIENO KWACH, AMRITLAL B. SHAH, A. A. LAKHA, MOIJO M. OLE KEIWUA, EFFIE OWUOR AND P. N. WAKI.

JUSTICE (RDT) AKILANO MOLANDE AKIWUMI shall be the Chairman of the tribunal and its mandate shall be:

(a) to investigate the conduct of Honourable Judges of Appeal
RICHARD OTIENO KWACH, AMRITLAL B. SHAH, A. A. LAKHA, MOIJO M. OLE KEIWUA, EFFIE OWUOR AND P. N. WAKI including but not limited to, the allegations that the said Judges of Appeal have been involved in corruption, unethical practices and absence of integrity in the performance of the functions of their office.


(b) to make a report and its recommendations thereon to me
expeditiously. In the meantime, the said Judges of appeal stand suspended from exercising the functions of their office with immediate effect.

The tribunal shall have all the powers necessary for the proper execution
of its mandate, including the power to-

(i) determine the times and venue of its meetings; and
(ii) to regulate its own procedure

Dated this 15th day of October, 2003.


MWAI KIBAKI
PRESIDENT

   



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