Michael Mutembei, represented by lawyer Dunstan Omari, has filed a petition with the Judicial Service Commission (JSC) demanding the removal of High Court Judge Anthony Mrima. The request stems from Mrima's 2020 ruling that sentenced Director of Criminal Investigations (DCI) George Kinoti to four months in prison.
The petition alleges Mrima demonstrated bias and procedural errors during the 2017 case involving Kinoti and tycoon Jimi Wanjigi. It specifically questions why Kinoti was the sole respondent sentenced among three parties in the litigation, citing a 2017 petition (No. 520) where Mrima convicted Kinoti without following sentencing guidelines.
"This inevitably demonstrates that the accused judge was acting discriminately and out of vengeance and ill will," court documents state. The petition calls for an investigation into potential conflicts of interest or improper influence in Mrima's decision-making process.
Criminal lawyer Cliff Ombeta criticized the verdict, noting all respondents were found guilty but only Kinoti received a jail sentence. "His verdict was biased and all others listed as respondents were found guilty but only Kinoti was sentenced," Ombeta said.
Mutembei defended Kinoti as a dedicated public servant, arguing the judge's decision "trivialized the role Mr. Kinoti has played to bring security and tranquility within the Country." The JSC is currently reviewing the allegations of judicial misconduct.
