Suspended High Court judge Joseph Mutava lawyer Phillip Nyachoti addressing journalists in his Chambers at museum hill in Nairobi on Thursday September 22,2016.
BY SAM ALFAN .
High Court judge Joseph Mutava will appeal the findings of a tribunal that recommended his removal.
Through his lawyer Phillip Nyachoti, the judge said the tribunal, chaired by Appellate Judge David Maraga, was wrong to use recanted evidence.
“It is strange for the tribunal to base its report on complaints which were all withdrawn,” said Mr Nyachoti on Thursday.
The tribunal on Wednesday found Justice Mutava guilty of allocating himself a file on a case involving Goldenberg architect Kamlesh Pattni without the knowledge of the duty judge.
In recommendations handed to President Uhuru Kenyatta, the tribunal said it had established as valid three complaints against the judge.
In his final submissions, Judge Mutava said that the allegations of misconduct were not substantiated and indeed lacked sufficient gravity to warrant his removal.
He also wanted his suspension lifted so he can resume duty immediately.
The judge had been suspended in May 2013 on the recommendation of the Judicial Service Commission.
The cases that brought the judge’s career down 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Lawyer Fred Ngatia, Nelson Havi Advocate’s client and Rose Mbithe which necessitated the formation of the Tribunal were withdrawn.
“A matter which has been withdrawn is in law wholly and fully retracted and cannot exist in any form or shape and that includes the substratum that led to the formation of this Honorable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,” the judge told the tribunal.
