BY SAM ALFAN.
The judge told apex court judges, that members of the tribunal acted illegally by conducting the proceedings when the complainants had withdrawn the allegations against him.
The bench comprising of Justice Philomena Mwilu, Jackton Ojwang, Mohamed Ibrahim, Njoki Ndungu and Isaac Lenaola, were told by the judge’s lawyers Kyalo Mbovu and Philip Nyachoti, that members of the tribunal conducted the proceedings when they knew, lacked jurisdiction to investigate the judge.
The complaints against the judge having been withdrawn, the members of the tribunal had no option but to terminate the proceedings, the lawyers argued.
” There was no single complainants that appeared before the tribunal in which they could have relied upon in making a recommendation to the President for removal of Justice Muatava” the bench heard.
” The complaints had not been re-instated in any form of shape to have warranted the tribunal to investigate” the judge.
All allegations against the judge were not supported by way of evidence, saying the members of the tribunal acted on their own motion and ignored objections raised by the defence lawyers who questioned the manner in which members of the tribunal conducted the proceedings.
The tribunal involved the director of criminal investigation in conducting the affairs of the judge, which was contrary to the judicial service commission Act.
The lawyers told the court that, the tribunal allowed witnesses to testify without advancing their statements to the judge and some gave evidence with no statements recorded as required by the law.
They pointed out that the tribunal relied on uncorroborated third parties evidence to make adverse recommendations against the judge.
Justice Mutava made appeal to the highest Court in the land challenging the decision of tribunal appointed by the President to remove him from the judiciary.
The judge has sought the decision delivered by the tribunal on 11 September 2016 be quashed for been made without jurisdiction and allegations against the judge were not proved.
Justice Muatava submitted that tribunal acted outside its jurisdiction and same was raised before it, but no action was taken.
The tribunal was presided over by the Chief Justice Justice David Maraga assisted by other six members.
They included Justice David Majanja, Mureen Odero, Omesh Kapila, Professor Patricial Mbote Mr Lawrence Mute and Mrs Jedidah Ntoyai, M’s Nazima Malik and Emmanuel Bitta acted as assisting counsels.
The five judges heard that the tribunal lacked jurisdiction to conduct any investigations against the judge’ saying that it was unconstitutionally constituted and recommendations arrived should be found to be null void.
The Judicial Service Commission had on 1 December 2012 received 13 complaints against the judge.
Justice Mutava was accused of irregularly and in collusion with some parties caused Kamlesh Pattni’s case to be placed before him for hearing and determination,
that the same was done without the knowledge of the head in judicial review division.
Justice Mutava was appointed to the bench on 23 August 2011 and at the time of complaints the judge had been deployed in the commercial and admiralty division of the high court in Milimani law courts.
