Appeals court suspends probe against judge Waithaka

Judge Lucy Waithaka during a past event. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Waithaka was suspended last year on the grounds of incompetence, bias, impropriety and professional misconduct.
  • She was accused of impropriety for issuing two conflicting judgments in a land dispute between Jonathan Kimutai Mibei and Philip Kipyegon Lelei in Kericho.

The Court of Appeal has temporarily suspended the proceedings of a tribunal investigating the conduct of a judge accused of gross misconduct.

A three-judge bench ruled that the investigation against Justice Lucy Njoki Waithaka should be put on hold until her case challenging the enquiry is heard and determined.

“We are satisfied that Justice Waithaka has made a case for the grant of orders sought, consequently, we exercise our jurisdiction and allow the application as well as order a stay of proceedings before the tribunal pending the hearing of the appeal,” said the appellate judges.

Justices Martha Koome, Asike Makhandia and Agnes Murgor said her appeal raises arguable issues sufficient to invite the court’s consideration hence directed that it should be heard on a priority basis.

In 2019, the Judicial Service Commission recommended the removal of judges DK Marete, Martin Muya and Lucy Waithaka following complaints of incompetence, bias, impropriety and professional misconduct.

Justice Waithaka was suspended last year on the grounds of incompetence, bias, impropriety and professional misconduct.

She was accused of impropriety for issuing two conflicting judgments in a land dispute between Jonathan Kimutai Mibei and Philip Kipyegon Lelei in Kericho.

But in November last year, the Labour court temporarily barred the tribunal appointed to investigate them from investigating her.

Other judges who were facing misconduct accusations were Justice Mohammed Ibrahim, Jackton Boma Ojwang’ and Justice Njoki Ndung’u. They have since been vindicated.

Justice Waithaka has accused her employer of taking too long in dealing with the complaints, making them to work with accusations over their heads.