, NAIROBI, Kenya, Apr 21 – The tribunal investigating complaints made against suspended judge Joseph Mutava was forced to adjourn its proceedings on Thursday after his advocate Philip Nyachoti, among other things, complained of receiving a “disturbing” text message from Senior Counsel Ahmednasir Abdullahi.
Nyachoti told the tribunal that he was “thrown into disarray” by the text message which indicated that the senior counsel would be attending Thursday’s proceedings. “And this was after very many discussions on phone yesterday. I’ll try to archive it (the text message) just like Justice Njagi archived his and it’s disturbing and I do not think that I’m in the proper frame of mind to participate in today’s proceedings.”
Nyachoti brought up Abdullahi during Wednesday’s hearing in an attempt to establish a link between him and one of Mutava’s accusers, retired justice Leonard Njagi, who testified to receiving an incriminating text message from the accused.
Lead Counsel Nazima Malika opposed Nyachoti’s application for adjournment saying she saw nothing disturbing about Abdullahi expressing an interest to appear before the tribunal to set the record straight, as he saw it.
“If he wants to appear before the tribunal that is his prerogative. I cannot see why that can be a reason for an adjournment,” she said.
Through his Twitter account, Abdullahi described as “crazy” the allegations made against him by one of the complainants in the probe – a businesswoman by the name of Rose Mbithe Mulwa – who claims he solicited a bribe from her through a third party.
“@CapitalFMKenya I love this… even when I have nothing to do (with it) my name bubbles and pops up. I hope @CapitalFMKenya will cover when (I) go to the tribunal… crazy stuff,” he tweeted.
The tribunal, under protest, eventually adjourned its proceedings to Monday when another lawyer Nelson Havi is expected to take the stand in regard to another complaint; Mutava’s handling of a case touching on controversial businessman Kamlesh Pattni.
“We have three judges who have left other work to be in this tribunal… so I want you to understand whereas we sympathise with the situation in which you find yourself we want you to understand that these proceedings have got to be heard and finalised expeditiously ,” tribunal Chair David Magara said before releasing Nyachoti to be with his wife who he said had gone into labour and with firm instructions to furnish the tribunal with a medical report corroborating his submission that his client, Mutava, was indeed suffering from food poisoning and therefore indisposed.