NAIROBI, Kenya — Chief Justice Martha Koome has announced that the Judiciary and the Judicial Service Commission (JSC) have initiated disciplinary proceedings against Senior Principal Magistrate Martin Kinyua Mutegi following his arrest by the Ethics and Anti-Corruption Commission (EACC) over alleged bribery.
In a statement issued on Wednesday, Koome said the allegations against the Kangema Law Courts magistrate are serious and, if proven, amount to a breach of the law, the Judicial Code of Conduct and Ethics, and the constitutional values that guide the administration of justice.
“The allegations are grave and, if proved, constitute a serious violation of the law, the Judicial Code of Conduct and Ethics, and the values that underpin the administration of justice,” Koome said.
The Chief Justice reiterated that the Judiciary maintains a zero-tolerance policy towards corruption and unethical conduct, emphasizing that judicial authority must always be exercised in accordance with the constitutional principles of integrity, impartiality, accountability, transparency and the rule of law.
She warned that misconduct by judicial officers erodes public confidence in the justice system.
“Any conduct that undermines public confidence in the administration of justice strikes at the very foundation of the Judiciary,” she said.
Koome further stressed that judicial officers are held to a higher ethical standard because of the responsibility entrusted to them.
“Judges, Judicial Officers and members of staff cannot discharge justice with one hand and commit a crime with the other,” she stated.
While affirming that every accused person is entitled to due process, the Chief Justice said the Judiciary will neither shield nor tolerate criminal or unethical conduct by its officers.
She confirmed that the Judiciary and the Judicial Service Commission have commenced administrative and disciplinary proceedings under the Judicial Service Act and applicable human resource policies.
Pending the outcome of those processes, the magistrate will be relieved of judicial duties in accordance with the law, without prejudice to the ongoing criminal investigations.
“The judicial officer will be relieved of judicial duties in accordance with the law and established procedures, without prejudice to the ongoing criminal investigations by the relevant constitutional agencies,” Koome said.
She also pledged full cooperation with the Ethics and Anti-Corruption Commission and other investigative and prosecutorial agencies handling the matter.
Koome assured Kenyans that the Judiciary remains committed to protecting the integrity of the justice system and will continue taking firm action against judicial officers and staff whose conduct falls below the ethical standards expected of the institution.
