JUDGE THINKING OF WITHDRAWING A SUIT CHALLENGING A TRIBUNAL INVESTIGATING HIM.

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Senior State Counsel Emmanuel Bitta with Lawyer Philip Nyachoti for suspended Justice Joseph Mutava leaving Milimani Law Courts onWednesday April 27, 2016 after they informed the court that Judge Mutava is considering withdrawing a petition challenging the appointment of the tribunal investigating him.
BY SAM ALFAN.

Suspended High Court Judge Joseph Mutava is considering withdrawing a petition challenging the appointment of a tribunal investigating his alleged incompetence, misconduct and corruption.

Lawyer Philip Nyachoti informed Justice Joseph Onguto that the tribunal, chaired by Appellate Judge David Maraga, has already started its deliberations at the Kenyatta International Convention Centre in Nairobi.

The embattled Judge, he said, required more time to give formal instructions regarding the fate of the pending petition.

Mr Nyachoti explained that he had been unable to file any pleadings in court because of his involvement at the tribunal sessions where five witnesses have tendered their evidence before the seven-member panel.

Former Commercial Court Judge Leonard Njagi and lawyer Nelson Havi, who lodged complaints against Justice Mutava before the Judicial Service Commission (JSC), have already testified.

Senior State Counsel Emmanuel Bitta, who is assisting the tribunal’s Lead Assisting Counsel Nazima Malik, did not object to Nyachoti’s application for more time. The matter will be mentioned for further directions on May 5.

The tribunal resumes business tomorrow when four more witnesses will face the panel.

 

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