This archive report was first published on 21 December 2021.
On December 21, 2021, a significant development took place in the Kenyan judicial system when renowned businessman Michael Mutembei Kibutha, alias Makarina, filed a petition to the Judicial Service Commission (JSC) seeking the removal of High Court judge Anthony Mrima from office.
Mutembei's petition stems from a recent decision by Judge Mrima to sentence Director of Criminal Investigations (DCI) George Kinoti to four months in prison for alleged contempt of court. However, Mutembei argues that the judge's decision was marred by incompetence, bias, and gross misconduct.
According to the petition, Judge Mrima convicted Kinoti in absentia and without affording him an audience, which Mutembei claims demonstrates the judge's bias. Mutembei further alleges that this is not an isolated incident, citing a previous case where appellate judge Sankale ole Kantai sued the Inspector General of Police and the Director of Criminal Investigations demanding damages for alleged violations of his rights.
“The conduct of the trial judge (Mrima) herein, especially in view of the contempt proceedings against the DCI failed to exhibit fairness and impartiality as enshrined in the Article 50 of the Constitution where a judge is required not to act vindictively, in fear or to show favoritism in a case,” Mutembei stated in the petition.
