Tribunal to report back to President Kenyatta on fate of judge Mutava

September 21, 2016 9:51 am
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If the tribunal makes an adverse finding against judge Mutava, he has 10 days to appeal to the Supreme Court/FILE
If the tribunal makes an adverse finding against judge Mutava, he has 10 days to appeal to the Supreme Court/FILE

, NAIROBI, Kenya, Sep 21 — The tribunal investigating the Conduct of Suspended Judge Joseph Mutava will on Wednesday present its findings to President Uhuru Kenyatta.

The tribunal led by Court of Appeal Judge David Maraga will thereafter read its findings to the public.

The team was appointed by President Uhuru Kenyatta after the Judicial Service Commission (JSC) petitioned him to appoint a tribunal to look into the conduct of the judge, pursuant to the provisions of Article 168 of the Constitution.

Justice Mutava was facing 11 counts of impropriety, eight of which were dismissed due to lack of evidence.

The Law Society Kenya filed the complaint against Justice Mutava following a ruling by the judge, terminating the Sh5.8 billion Goldenberg scandal case, against businessman Kamlesh Pattni.

Retired Judge Leonard Njagi had testified that Mutava sought to improperly influence him in a matter he was handling while serving on the bench of the Commercial Division of the High Court.

Njagi told the tribunal charged with determining Mutava’s suitability to continue serving as a judge that he received a text message from Mutava advising him to rule in favour of the plaintiff in the case.

Njagi who was himself found unsuitable to continue serving as a judge by the Judges and Magistrates Vetting Board was the second witness to testify at the tribunal appointed in May of 2013.

The first was the Judicial Service Commission Deputy Registrar John Tamar who took to the stand after the tribunal chaired by Justice David Magara and constituted of Justice David Majanja, Justice Maureen Odero, Omesh Kapila, Patricia Kamiri Mbote (Prof), Lawrence Murugu Mute and Jedidah Pilale Ntoyai denied Mutava’s application for adjournment.

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