Mbaluto renews bid to get back job at Judiciary

A judge sacked from the Judiciary nine years ago has renewed his bid challenging his removal from office. Justice Tom Mbaluto was in court yesterday to challenge a tribunal’s findings, which recommended his removal from the Judiciary. Appearing before Lady Justice Cecilia Githua, the parties agreed to file and exchange written submissions before July 19 when the case will come up for mention.

This is second time the judge is attempting to challenge his removal in 2007 by President Kibaki following recommendation by the tribunal to investigate his conduct. He challenged his removal in 2008 but the bid was dismissed by Lady Justice Roselyn Wendoh on technicalities. In dismissing the case in 2008, Justice Wendoh faulted the manner in which Mbaluto had framed his application, saying it was not proper. But Mbaluto moved to the Court of Appeal where three judges directed him to file his case afresh.

In their ruling two years ago, Justices Samuel Bosire, Emmanuel O’kubasu and Alnashir Visram said Justice Wendoh was wrong by going into the merits of the case and making conclusions on a case that had not been heard. Justice Mbaluto and Justice Vitalis Juma were removed from judiciary over alleged misconduct. They were among 23 judges who were suspended in 2003 in the so-called radical surgery.

Most of the judges opted to retire honourably but seven challenged the surgery. Five were reinstated after the tribunal appointed to investigate them cleared them. They are Court of Appeal judges Philip Waki, Daniel Aganyanya, Roseline Nambuye, the late Moijo ole Keiwua and Justice Msagha Mbogholi of the High Court.