Justice Mutava appeals tribunal decision to remove him from office

September 30, 2016 3:20 pm
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His lawyer Philip Nyachoti confirmed to Capital FM News that he had filed the appeal at the Supreme Court on grounds that the decision was unfair/FILE
His lawyer Philip Nyachoti confirmed to Capital FM News that he had filed the appeal at the Supreme Court on grounds that the decision was unfair/FILE

, NAIROBI, Kenya, Sep 30 – Suspended judge Joseph Mutava has appealed against a tribunal decision to have him removed from the Judiciary.

His lawyer Philip Nyachoti confirmed to Capital FM News that he had filed the appeal at the Supreme Court on grounds that the decision was unfair.

Overview
  • His lawyer Philip Nyachoti confirmed to Capital FM News that he had filed the appeal at the Supreme Court on grounds that the decision was unfair.
  • He stated that the tribunal acted outside its jurisdiction saying it was unconstitutionally constituted and recommendations arrived at were null and void.
  • He argues that the tribunal erred in law and facts by proceeding to hear and make recommendations adverse to the judge when complaints had been withdrawn.

He stated that the tribunal acted outside its jurisdiction saying it was unconstitutionally constituted and recommendations arrived at were null and void.

He argues that the tribunal erred in law and facts by proceeding to hear and make recommendations adverse to the judge when complaints had been withdrawn.

Nyachoti argued that the tribunal relied on uncorroborated third party evidence to make adverse recommendations against the judge.

He pointed out that the allegations against Mutava were not proved in any way.

The tribunal ruled last week for the removal of Mutava over his handling of the case against businessman Kamlesh Pattni and the judge is seeking that the decision be quashed.

The case may however have to wait until the Supreme Court is properly constituted since the Chief Justice and another judge are yet to be appointed.

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