Judge charged with attempted murder

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By Evelyn Kwamboka

A High Court judge has been charged with attempted murder.

Justice GBM Kariuki pleaded not guilty to the charge and was released on a Sh500,000 bond before a packed court.

Justice GBM Kariuki

The judge was, however, not required to pay any money for the bond, but if he absconds, he will pay the State that amount.

Senior Principal Magistrate Lillian Muketi set November 26, as the trial date.

Justice Kariuki was charged with stabbing Mr Robert Karori on the stomach with a sharp object, on October 18, along Lower Kabete Road in Spring Valley, Nairobi.

His advocate Mohammed Nyaoga told the court he would like to come on record for the judge in the case.

Unlike magistrates who are interdicted on being charged with a criminal offence, judges continue serving.

High Court registrar Lydiah Achode told The Standard the judge holds a constitutional office and "removal of judges is spelt out in the Constitution."

According to the Constitution, the judge will continue serving at the new Kericho High Court, during the trial unless Chief Justice Evan Gicheru writes to the President.

Section 62 of the Constitution reads: "A judge of the High Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be removed except in accordance with this section."

It further states a judge shall be removed from office by the President if a tribunal recommends the same to the Head of State.

If the Chief Justice represents to the President that the question of removing a puisne judge under this section ought to be investigated, then the President shall appoint a tribunal, which shall consist of a chairman and four other members.

This is the first time a judge has been charged with a criminal offence in Kenya.

 

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