Chief Justice Dr Willy Mutunga who high court Judge Justice Joseph Mutava want compelled to testify in a tribunal investigating him.
BY SAM ALFAN
A Judge wants Chief Justice Dr Willy Mutunga compelled to testify in a tribunal investigating him.
Judge Mutava wants the CJ questioned over how he handled a complaint against him that contributed to him being suspended and which basis forms the crust of his investigation.
Through his lawyer Philip Nyachoti, the suspended judge says that Dr Mutunga should have summoned him first to get his side of the story on the complaint before escalating it to the Judicial Service Commission for action.
Retired judge Leonard Njagi accused his colleague judge Mutava of pressuring him to rule in favour of one Rose Mbithe Mulwa in a property dispute that was before him.
He said that it was on September 6, 2012 when a message was sent through his cell phone at 9.27am and it read ‘HCC,’ that is High Court Civil Case, ‘705 of 2009 Sehit inv (investments) vs Josephine Onyango. I am for plf (plaintiff), Sehit. Thanks.’”
According to the testimony of the Judiciary’s Ombudsman Kennedy Bidali, Dr Mutunga spoke to judge Njagi on the matter behind closed doors but did not extend the same courtesy to judge Mutava on discovery of the text message; instead, he recommended that Mutava answers to the JSC.
The tribnunal chaired by Court of Appeal Judge David Maraga will give a decision on whether to summon the CJ on Monday 16.
