SUSPENDED JUDGE PLEADS WITH TEAM TO CLEAR HIS NAME.

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Embattled High Court Judge Joseph Mutava with his lawyer Philip Nyachoti appearing before Tribunal investigating him over alleged misconduct .
BY SAM ALFAN.
Suspended High Court Judge Joseph Mutava has pleaded with a Tribunal investigating him over alleged misconduct to clear his name for lack of sufficient evidence.

In his final submissions, Judge Mutava through Lawyer Philip Nyachoti said that the allegations of misconduct were not substantiated and indeed lacked sufficient gravity to warrant his removal.

He also wants his suspension lifted so he can resume duty immediately.

Giving reasons why he ought to be cleared, the judge said that all allegations levelled against him were withdrawn and so the decision should be speedy.

The judge was suspended in May 2013 on the recommendation of the Judicial Service Commission.

JSC found him guilty of misconduct while handling three cases.

The first case involved Businessman Kamlesh Pattni and Goldenberg, while a second case was that he interfered with the ruling of another judge by making persistent inquiries in a manner that went beyond ordinary judicial curiosity and even attempted to influence the outcome of the ruling.

The third claim was that he mishandled a dispute between the Ministry of Industrialization and the East African Portland Cement Company by issuing contradicting orders.

However, the three complaints by Lawyer Fred Ngatia, Nelson Havi Advocate’s client and Rose Mbithe which necessitated the formation of the Tribunal have all since been withdrawn and they were produced as evidence before the Tribunal.

“A matter which has been withdrawn is in law wholly and fully retracted and cannot exist in any form or shape and that includes the substratum that led to the formation of this Honorable Tribunal,” he said.


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