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21 February 2003

Kenya Government Gazette dated 2003-02-21 number 21

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SPECIAL ISSUE




                                                                        a
                 THE KENYA GAZETTE
                                                Published by Authority of the Republic of Kenya

                                                        (Registered as a Newspaperat the G.P.O.)


 Vol. CV—No.21                                        NAIROBI,21st February, 2003                                                        Price Sh. 40

 GAZETTE NOTICE No. 1234                                                               (viii)    he no longer commands the confidence and respect of
                                                                                                 the people of Kenyaas the Chief Justice of the Republic
                  THE CONSTITUTION OF KENYA
                                                                                                 of Kenya and therefore he ought to be forthwith
   APPOINTMENT OF MEMBERS OF A TRIBUNAL TO INVESTIGATE THE                                       removed from office; and
     CONDUCT OF THE HONOURABLE JUSTICE BERNARD CHUNGA,
                                                                                       (ix)      to make a report and recommendations to me
                    CHIEF JUSTICE OF KENYA
                                                                                                 expeditiously.
     WHEREAS a question has arisen that the conduct of the
                                                                                   (b) The tribunal shall have all the powers necessary or expedient
 Honourable Justice Bernard Chunga, ChiefJustice of the Republic of
                                                                                       for the execution of its mandate, including the power to—
 Kenya, oughtto beinvestigated.
                                                                                       (i) determine the times and venueof its meetings; and
     Nowtherefore, in exercise of the powers conferred by section 62
 (7) and (8) of the Constitution of Kenya, I, Mwai Kibaki, President.                   (ii) to regulate its own procedure.
 and Commander-in-Chief of the Armed Forces of the Republic of                     Dated the 21st February, 2003.
 Kenya, appoint—                                                                                                                   MWAIKIBAKI,
     Francis X. ole Kaparo, Speakerof the National Assembly,                                                                              President.
     Justice (Rtd.) Majid Cockar, Retired Judge, Court of Appeal,
     Justice Richard O. Kwach, Judge, Court of Appeal,                        , GAZETTE NOTICE No, 1235
     Eng. Abdullahi Sharawe, Chairman, Public Service Commission,                               THE CONSTITUTION OF KENYA
     Gibson Kamau Kuria, Senior Counsel,                        .                APPOINTMENT OF COUNSEL AND SECRETARYTO THE TRIBUNAL TO
~ to be membersofa tribunal to investigate the conduct of the Chief                  INVESTIGATE THE CONDUCT OF THE HONOURABLEJUSTICE
  Justice of Kenya.                                                                         BERNARD CHUNGA,CHIEF JUSTICE OF KENYA
     The mandate ofthe tribunal shall be:                                          IN EXERCISEof the powers conferred by sections 23 and 24 of
     (a) to investigate the conduct of the Chief Justice including, but not
                                                                               the Constitution of Kenya, I, Mwai Kibaki, President and Commander-
                                                                               in-Chief of the Armed Forcesof the Republic of Kenya, appoint—
         limited to, allegations that—
         (i)     before, since and after his appointment as Chief Justice
                                                                                   John Khaminwa(Dr.),                             ‘
                 he has conducted himself in a dishonourable and                   Mbuthi Gathenji,
                 disgraceful manner unbefitting the high office of the         as counsels to assist the tribunal investigating the conduct of the
                 Chief Justice of the Republic of Kenya;                       Honourable Justice Bernard Chunga, Chief Justice of the Republic of
                                                                               Kenya; and
        (ii)     he has conducted himself in a manner prejudicial and
                 contrary to his oath of office as Chief Justice;                   P. G. Gichohi,
         (iii)   he has persistently undermined the dignity, respect,               Unitter Kidullah (Mrs.),
                 honour and independenceof the Judiciary;                       as the joint secretaries of the said tribunal.
         (iv)    prior to his appointment as Chief Justice, as Deputy               Dated the 21st February, 2003.
                 Public Prosecutor, he planned, condoned and executed                                                                  MWAIKIBAKI,
                 a programme of torture and degrading treatment                                                                               President.
                 through illegal trials that undermined the Constitution
                 of the Republic of Kenya, the fundamental freedoms of
                 the people of Kenya and led to a gross abuse of the rule
                                                                                GAZETTE NOTICE No. 1236
                 of law;                  .
                                                                                                   THE CONSTITUTION OF KENYA
         (v)     he has brought the Kenyan Judiciary into ridicule and
                 disrepute by subverting the constitutional review                              APPOINTMENT OF AN ACTING CHIEF JUSTICE
                 process;       :                                                   IN EXERCISEof the powers conferred by section 61 (4) of the
         (vi)    he has undermined and obstructed the cause ofjustice           Constitution of Kenya, I, Mwai Kibaki, President and Commander-in-
                 by bench-rigging, intimidation of judges, interference         Chief of the Armed Forcesof the Republic of Kenya, appoint—
                 with judicial decisions and punitive transfers of judges                            JUSTICE JOHNSON EVANS GICHERU
                 and magistrates;
                                                                                to act as Chief Justice of Kenya, with effect from 21st February, 2003.
         (vii)   he has been corrupt and dishonest in office; he has
                                                                                    D ated the 21st February, 2003
                                                                                                                03.                    MWAI KIBAKI,
                 protected corrupt judicial officers and has been
                 involved in misappropriation of public property and                                                                            President.
                 land grabbing;

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