Kenya: High Court dismisses Mbaluto's petition

The High Court on Monday dismissed a petition by former judge Tom Mbaluto seeking to be reinstated after being sacked by the Ringera Commission in 2003 on grounds of engaging in unethical practices.

Justice Mbaluto had lodged a fresh application in the Constitutional and Judicial Review division challenging the findings of a five-judge tribunal that recommended to former president Mwai Kibaki that he was unsuitable to serve in the judiciary.

Mr Mbaluto was among the 23 judges who were suspended in the infamous 2003 “radical surgery” of the judiciary spearheaded by Court of Appeal judge (rtd) and former director of the defunct Kenya Anti-Corruption Commission Aaron Ringera.

The judge, wanted the court to find that the tribunal acted beyond its jurisdiction and had no powers to convert itself into an appellate court to determine whether his decision in adjudicating over a controversial land dispute in the High Court in Kisii – civil suit No 10 of 1990, Gichambati Mwita Mairo versus Sarara Matongo Sigore – was within legal boundaries.

Mr Mbaluto was fighting allegations that he delivered the judgment in Kisii with the intention of inflicting injury upon Sarara Matongo Sigore, the defendant in the property dispute.

He contends that the tribunal did not base its finding on the adduced evidence but hurriedly concluded that “I took a bribe because I could have delivered a different judgement”.

Source: http://www.nation.co.ke/News/-/1056/1870870/-/w43cmiz/-/index.html