BY SAM ALFAN.

High court Judge has disqualified himself from hearing a case in which businessman Kamlesh Pattni wants court to clear his name over involvement in the alleged misconduct that led to the sacking of Justice Joseph Mutava.

Justice John Mativo said that Judge Mutava is known to him adding that it will not be proper for him to hear and determine the matter.

“It will not be proper for me to hear the matter I therefore recuse myself, “Mativo ruled.

The matter will now be mentioned before Justice Chacha Mwita for further directions.

In the matter Pattni, argues that the tribunal that investigated Justice Mutava did not give him a chance to defend himself and went ahead to make recommendations that adversely affected his business.

He wants a declaration that the findings were a violation of his rights to be heard, and any reference to him or his businesses be expunged from the findings.

Pattni accused the tribunal of going beyond their mandate to investigate his reputation.

BACKGROUND OF THE CASE.

Justice Mutava has filed a case seeking Supreme Court to quash the recommendations by a seven-member tribunal to the president Uhuru Kenyatta that he be removed from office for alleged misconduct.

“The tribunal lacked jurisdiction to conduct any investigations against the petitioner since it was unconstitutionally constituted and, therefore, any recommendations arrived at by the tribunal are void,” lawyer Philip Nyachoti says in the petition lodged in the Supreme Court yesterday.

The lawyer argued that the tribunal’s findings, which were handed over to President Uhuru Kenyatta on September 21, were based on complaints that had been voluntarily withdrawn, that the complainants did not give evidence and that third parties purported to fix him.

The tribunal concluded that three specific allegations regarding the manner in which he quashed the Sh5.7 billion criminal case against Goldenberg suspect Kamlesh Pattni had been proved since they amounted to gross misconduct.

“The judgment in the Pattni case has never been reversed by any court of law despite there being mechanisms available to any parties in the form of an appeal,” Nyachoti said in the petition.

Mutava was found culpable of having influenced retired High Court Judge Leonard Njagi to rule in favor of Sehit Investments Ltd in a Sh200million property dispute with businesswoman Josephine Onyango. The retired Judicial officer is said to have received a text message from Justice Mutava on September 6, 2012 to communicate the request.

Pattni had petitioned the High Court to terminate the case on July 26, 2012 after the Director of Public Prosecutions, Keriako Tobiko, had dismissed his plea-bargain request. The Judge gave orders blocking Tobiko’s decision and suspended all criminal proceedings relating to findings by the Commission of Inquiry into the Goldenberg scandal.

The Supreme Court, once it is re-constituted, will be asked to invalidate the tribunal’s recommendations on the basis that the appointment of its members was irregular. The first five members were appointed on May 30, 2013 and the other two on June 17, 2013. The President is required to appoint the entire team within 14 days after receiving the complaints from the Judicial Service Commission (JSC).

The High Court had restrained the tribunal from investigating the Judge on June 28, 2013 on the basis that the JSC had not accorded him a fair hearing. On February 17, 2014, the three-Judge bench declared the tribunal incompetent since two of its members had been appointed beyond the 14-day statutory deadline.

The Court of Appeal, in a judgment delivered on May 8, last year, reversed the High Court decision and directed the tribunal to carry out its mandate. Justice Mutava was aggrieved by the decision and lodged a notice of appeal to the Supreme Court on May 21, last year.

Justice Mutava, who was appointed a Judge of the High Court on August 23, 2011,was suspended on May 30, 2013 on the recommendation of theJSC after its sub-committee, chaired by Supreme Court Judge Smokin Wanjala, cleared him of eight allegations but found sufficient evidence against him on three complaints of corruption and misconduct.

BY SAM ALFAN.
Attempt by The Alliance for Real Change presidential candidate to block presidential debate slated for 10th July 2017, 24th July 2017 has failed.

This after High court this morning dismissed a case filed by Abduba
Dida seeking to have the debates stopped.

“Having fully considered the submissions made by the advocate for parties in this case, I am not satisfied that the petitioner has proved his case to the required standard, I dismiss this petition with
costs to the first respondent” ruled Justice Mativo.

Mativo ruled that the case has no merit adding that the relief sought by Dida are unwarranted.

Further the judge ruled that the guidelines set by the organizers of the event will not affect Duba or other candidate in presenting their issues.

“I am not satisfied that the petitioner has proved his case to the required standard,” ruled justice Mativo.

Judge Joseph Mativo has dismissed his case after finding that it does not constitute discrimination for the organizers of the debate to separate the candidates into two groups for the purposes of the debate.

Mr Mohammed Abduba Dida moved to court seeking to block the presidential debate slated for 10th July 2017, 24th July 2017.

Mr Dida argues that the presidential debates guidelines are discriminatory, in bad faith and contrary to the constitution of Kenya, 2010.

In his petition Dida claimed  that it is in the interest of justice that all the presidential candidate be afforded same status as by law provided when they are outlining their visions for the country on the 10th and 24 of July 2017.

He says that his rights have been violated specifically for being subjected to guidelines that essentially treat him as a second class presidential candidate.

“A declaration that all presidential candidates are equal with regards to articulating their manifestos and during such public debates, “claims Dida.

The Presidential candidates’ debate is set to take place on July 10 and 24, ahead of the general election on August 8.

The sessions will take place from 7.30pm at Catholic University of Eastern Africa. The running mates’ debate will take place on July 17 at the same time.

The debates are aimed at helping voters make informed choices, promoting national cohesion and steering campaigns towards the quality of leadership rather than personalities.

BY NT CORRESPONDENT.

A Nairobi businessman has been arraigned in court for forging a court order. Michael Musyoki Mwananzivo was charged with uttering a false document.

He is accused that  on June 2^nd this year in Nairobi at Embakasi police division headquarters  that accused person fraudulently uttered a forged court order  civil suit No 279/2017 to Mathews Mangira (SSP) Officer commanding Embakasi Police division purporting to be genuine and valid court order from Environment and Land division of high court .

He appeared before Nairobi Senior Magistrate Martha Mutuku who directed the matter to be heard on July 7^th.

He pleaded not guilty to the charges and was released on a bond of 100,000 shillings.

In the same matter a court clerk from Kibera law court is expected to appear in court and face charges of forging a judicial document.

It is alleged Arthur Kisia Mukira on 16^th  day of June this year at unknown place , jointly with others not before court with intent to defraud forged a High Court Order in respect of Civil suit No 279/2017 purporting it to be genuine and valid document issued by the Deputy Registrar of the High Court.

Mr KIsia is also being accused of uttering a forged document.

Arthur Kisia Mukira is accused with others not before court obtained cash Kshs 700,000 from Jeneby Taita Arap TOO by falsely pretending that being a court official he was in position to secure for him an High Court Order to facilitate construction of a perimeter / boundary wall on property known as LR 209/11289.