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10 December 2003

Kenya Government Gazette dated 2003-12-10 number 124

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SPECIAL ISSUE




                 THE KENYA GAZETTE
                                              Published by Authority of the Republic of Kenya

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


Vol. CV-—No. 124                                    NAIROBI, ilth December, 2003                                                   Price Sh. 40

GAZETTE NOTICE NO. 8828                                                      GAZETTE Notice No. 8829

             THE CONSTITUTION OF KENYA                                                          THE CONSTITUTION OF KENYA
                                                                              . APPOINTMENT OF MEMBERS OFA TRIBUNAL TO INVESTIGATE THE
 -APPOINTMENT OF MEMBERS OF A TRIBUNAL TO INVESTIGATE THE
                                                                                 CONDUCT OF PUISNE JUDGES DANIEL K. S. AGANYANYA, TOM
    CONDUCT OF JUDGES OF APPEAL MOUO M. OLE KEIWUA AND
                                                                                 MBALUTO, A. MBOGHOLI MSAGHA, ROSELYN NAMBUYE,J. V.
                         ~    PLN. WAKI
                                                                                          ODERO JUMA, AND J. KASANGA MULWA
      WHEREAS the question has arisen that the conduct of the                      WHEREAS the question has arisen that the conduct of the
Judges of Appeal Moijo M. ole Keiwua and P.N. Waki, ought to be              Puisne Judges Daniel K. S$. Aganyanya, Tom Mbaluto, A. Mbogholi
 investigated.                                                                Msagha, Roselyne Nambuye, J. V. Odero Juma and J. Kasanga
      NOW THEREFORE,in exercise of the powers conferred by                   Mulwa.oughtto be investigated.                .                            *
 sections 62 (5) and (6) and 64 (3) of the. Constitution of Kenya, ],              NOW THEREFORE, in exercise of the powers conferred by
 Mwai Kibaki, President and Commander-in-Chief of the Armed                  sections 62 (5) and (6) of the Constitution of Kenya, 1, Mwai Kibaki,
 Forces of the Republic of Kenya, appoint—                                   President. and Commander-in-Chief of the Armed Forces of the
                                                                             Republic of Kenya, appoint—
      Justice (Rtd.) Akilano Mofande Akiwumi,
      Justice Benjamin Patrick Kubo,                                               Justice    (Rtd.) Abdul Majid Cockar,
      Joe Okwach,                                                                  Justice    John Mwera,
      Philip Nzamba Kitonga,                                                       ‘Justice   Leonard Njagi.
      Wiliam Shirley Deverell,                                                     Justice    Daniel Musinga.
                                                                                   Justice    Isaack Lenaola,
 to be members of a tribunal to investigate the conduct of Judges of
 Appeal Moijo M. ole Keiwua and P. N. Waki.                                   to be members of a tribunal to investigate the conduct of Puisne
                                                                              Judges Daniel K. S. Aganyanya, Tom Mbaluto, A. Mboghoti
    Justice (Rtd.} Akilano Molande Akiwumi shall be the Chairman              Msagha, Roselyne Nambuye, J. V. Odero Juma and J. Kasanga
 ofthe tribunal and its mandate shall be—                                     Mulwa
    (a) to investigate the conduct of Judges of Appeal, Moijo M. ole             Justice (Rtd.) Abdul Majid Cockar shall be the Chairman of the
       Keiwua and P.N. Waki, including, but not limited to, the               tribunal and its mandate shall be—
       allegations that the said Judges of Appeal have been involved            (a) to investigate the conduct of Puisne Iudges, Daniet K. S.
       in corruption, unethical practices and absenceofintegrity in the
                                                                                   Aganyanya, Tom Mbaluto, A. Mbogholi Msagha, Roselyne
       performance of the functions oftheir office.
                                                                                   Nambuye, J. V. Odero Juma and J. Kasanga Mulwa, including.
    (b) to make a report and its recommendations thereon to me                     but not limited to, the allegations that the said Puisne Judges
       expeditiously. In the meantime. the said Judges of Appeal                   have been involved in corruption, unethical practices and
       stand suspended from exercising the functions of their office               absetice of integrity in the performance of the functions of their
       with immediateeffect.                                                       office,
                                                                                 (b) to make a report and its recommendations thereon to me
    The tribunal shall have all the powers necessary for the proper
                                                                                  ' expeditiously. In the meantime, the said Puisne Judges stand
 execution of its mandate, including the power to—
                                                                                    suspended from exercising the functions of their office with
    (a) determinethe times and venue of its meetings: and                          immediate effect.

    (b) to regulate its own procedure.                                           The tribunal shalt have all the powers necessary for the proper
                                                                              execution ofits mandate, including the power to—
    Gazette Notice No. 7280 of 2003, is revoked.
                                                                                 (a) determine the times and venue of its meetings: and

                                                                                 (b) to regulate its own procedure.
     Dated the 10th December, 2003.
                                                                                 Gazette Notice No. 7282 of 2003. is revoked,
                                                   MWAT KIBAKI,
                                                                                 Dated the 10th December, 2003.                 MWAL KIBAKI].
                                         -                    President.                                                                 President.


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