Lead Assisting Counsel Nazima Malik came to Njagi’s defence and pointed out that Mutava had himself admitted to the JSC that he had indeed sent a message to Njagi on the Mulwa matter over which he was presiding/MIKE KARIUKI
NAIROBI, Kenya, Apr 20 – Prominent lawyer Ahmednasir Abdullahi was on Wednesday adversely mentioned in the course of proceedings at the tribunal interrogating complaints lodged against suspended judge Joseph Mutava.
Mutava, through his lawyer Philip Nyachoti, introduced Abdullahi’s name during the cross-examination of one of his accusers, retired Justice Leonard Njagi who on Monday testified that Mutava improperly sought to influence his findings in a property dispute.
Mutava sought to establish a link between Abdullahi and Njagi who one of the parties to the property suit, Rose Mbithe Mulwa, claims solicited bribes from her through third parties; the third party in Njagi’s case being Mutava.
“He (Mutava) told me the judge, Njagi, he wants Sh2.5 million… Then the same leading counsel (Abdullahi) is the one who said, if you give the money I can clear the bank (Kenya Commercial Bank). So he is the one who said if I can pay Sh11 million, I do not know how he came to that figure and then on top of that I give Sh20 and 30 million to him, he will sort it out with the people in the bank who are also behind it who also want a share and he would give me my title,” Mulwa testified before the Judicial Service Commission that recommended Mutava’s suspension and a tribunal probe.
In the effort to cast doubt on Njagi’s credibility and assertion that he had personal interests in the Mulwa matter, Mutava repeatedly raised Njagi’s admission that his research assistant, one Rogers Odhiambo, wrote rulings for him. “Hence the finding of unsuitability,” Nyachoti said over and over.
Lead Assisting Counsel Nazima Malik came to Njagi’s defence and pointed out that Mutava had himself admitted to the JSC that he had indeed sent a message to Njagi on the Mulwa matter over which he was presiding.
“That lady is a friend of my wife and I met her only once,” Mutava told the JSC.
Mulwa claims she met Mutava at the Karen Blixen through his wife who had sought an introduction to the Wiper Democratic Movement through her and it is at this meeting, Mulwa claims, that Mutava solicited the Sh2.5 million bribe allegedly on behalf of Njagi.
Njagi’s former clerk Cylus Kipkurui is scheduled to testify before the tribunal on Thursday morning before another lawyer, Nelson Havi, takes the stand on the Kamlesh Pattni case.
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