Three High Court judges may face the axe from the bench for gross misconduct.
The Judicial Service Commission (JSC) has recommended to President Uhuru Kenyatta to appoint tribunals to investigate serious allegations made against Justices Njagi Marete, Martin Muya and Lucy Waithaka.
“After hearing the three petitions against the judges, the commission was satisfied that they disclosed grounds for removal under Article 168 (1) of the Constitution and made a decision to petition the President for the appointment of tribunals,” Chief Justice David Maraga announced yesterday.
High Court Judge David Majanja was absolved of any wrong-doing over the manner in which he handled a land dispute involving the family members of the late Mbiyu Koinange.
The 2012 case pitted Lennah Wanjiku Mbiyu and another against Eddah Wanjiru Mbiyu and three others.
Petitions against five other judges were heard by the JSC committee and dismissed for lack of merit.
Ten other petitions against Superior Court judges are fixed for hearing between June 10 and 15 before two JSC committees.
Meanwhile, five magistrates have been served with charges on various acts of misconduct ranging from disappearance of files, irregular release of exhibits, forging of documents, bribery, signing release orders without surety and other forms of corruption.
The magistrates have been given 14 days to respond to the charges.
Elsewhere, Director of Public Prosecutions (DPP) Noordin Haji on Thursday withdrew criminal charges against a Moroccan company and its directors for importation of reportedly toxic fertiliser raising eyebrows on the multi-agency investigative team.
According to a plea agreement adopted in court and ultimately freed suspects namely OCP (K) Ltd, its directors Malika Karama and Younes Addou and Benson Oduor Ngesa, a Clearing Agent Bollore Transport and Karimi Lofti Senhadji shows that the DPP made the decision without “the full benefit of factual scenario being provided to the investigators.”
Haji through his assistant Alexander Muteti told the trial Magistrate Kennedy Cheruiyot the investigators had not heard four of the accused persons before the decision was made because they were out of jurisdiction adding that the agreement was made after new facts were availed to them.
The agreement, however, does not affect Kenya Bureau of Standards boss Ongwae and his six co-accused criminal case.