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18 September 2012

Kenya Government Gazette dated 2012-09-18 number 86

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                                        Published by Authority of the Republic of Kenya
                                                        (Registered as a Newspaper at the G.P.O.)

Vol. CXIV—No.86                                   NAIROBI, 18th September, 2012                                                   Price Sh. 60

GAZETTE NOTICE No. 13113                                                        Letter of Transmittal

                  THE CONSTITUTION OF KENYA                                                         REPUBLIC OF KENYA
                    THE JUDICIAL SERVICE ACT
                                                                                     TRIBUNAL TO INVESTIGATE THE CONDUCT OF THE
                             (No. 1 of 2011)                                        DEPUTY CHIEF JUSTICE OF THE REPUBLIC OF KENYA

   PURSUANTto the provisions of section 18 (3), part IV of the
Second Schedule of the Judicial Service Act, the Secretary of the               Your Excellency
Tribunal to Investigate the Conduct of the Deputy Chief Justice and             The Hon. Mwai Kibaki, C.G.H., M.P.,
Vice-President of the Supreme Court of the Republic of Kenya, hereby            President and Commander — In - Chief ofthe
publishes the Report and Recommendation of the Tribunal, dated 3rd              Armed Forces of the Republic of Kenya,
August, 2012.
                                                                                 State House,

            TRIBUNAL TO INVESTIGATE THE CONDUCT OF                              Your Excellency,
             VICE-PRESIDENT OF THE SUPREME COURT OF                                 We Justice Augustino Stephen Lawrence Ramadhani, Chairman
                     THE REPUBLIC OF KENYA                                      (Retired Chief Justice of the United Republic of Tanzania), Prof.
                                                                                Judith Mbula Bahemuka, Retired Justice Philip J. Ransley, Mrs.
                 TRIBUNAL MATTERNO.1 OF 2012                                    Surinder Kapila, Mr. Beauttah Alukhava Siganga, Grace Barbara
                                                                                Ngele Madoka and Prof. Mugambi Jesse Ndwiga Kanyua were, in
            REPORT AND RECOMMENDATION                                           exercise of the powers conferred on Your Excellency by Section 168
              INTO THE CONDUCT OF THE                                           (5) (b) of the Constitution of Kenya, appointed on 26th January, 2012
      HON. LADY JUSTICE NANCY MAKOKHA BARAZA                                    by Gazette Notice No. 664 and amended by Gazette Notice No. 2057
                                                                                of 24th February 2012, to be members of a Tribunal to investigate the
                                                                                conduct of the Deputy Chief Justice and Vice-President of the
           Chief Justice (Rtd.) Augustino S. L. Ramadhani                       Supreme Coutt of Kenya, Justice Nancy Makokha Baraza.
                                                                                    The mandate of the Tribunal, as set out in the Gazette Notice was
                         Mrs. Surinder Kapila                                   to investigate the conduct of the Deputy Chief Justice and Vice-
                                                                                President of the Supreme Court of Kenya, Justice Nancy Makokha
                                                                                Baraza on the basis of Article 168 (10) (e) and 75 (1) and (2) of the
                     Justice (Rtd.) Philip J. Ransley                           Constitution; the Judicial Service Code of Conduct and Ethics; Legal
                        Prof. Judith M. Bahemuka                                Notice No. 50 of 2003; other relevant laws and the following:
                           Grace B. N. Madoka
                         Mr. Beauttah A. Siganga                                    The allegations contained in the petition by the Judicial Service
                      Prof. MugambiJ. N. Kanyua                                 Commission of Kenya dated 19th January, 2012 and presented to you
                                                                                regarding the conduct of the Deputy Chief Justice, Justice Nancy
                              Presented to:
                                                                                Makokha Baraza.
                             His Excellency
                    Hon. Mwai Kibaki, C.G.H., M.P.                                 In the discharge ofits functions, the Tribunal was empoweredto:
                President and Commander-in-Chiefof the                             *   Prepare and submit a report and its recommendations thereon
                Defence Forces of the Republic of Kenya                                to Your Excellency expeditiously;
                              August 2012                                          *   Exercise all the powers conferred uponit by law for the proper
                                                                                       execution ofits mandate.

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