NAIROBI, Kenya, Jun 21 – Former Chief Justice Dr Willy Mutunga is no longer required to testify at the tribunal investigating complaints lodged against suspended High Court Judge Joseph Mutava.
The tribunal on Tuesday morning heard that Mutava wrote a letter to the former CJ informing him that it was not necessary for him to testify as earlier requested.
The tribunal will resume on Wednesday at 10am when the last witness, advocate Fred Ngatia will be expected to appear.
Ngatia will testify on a complaint he made over Mutava’s handling of a suit filed by East African Portland Cement.
He represented the Industrialisation Permanent Secretary in the case and complained that Mutava issued a ruling that disregarded a previous order made by Court of Appeal Judge Justice Mohammed Warsame.
The David Maraga-chaired tribunal was established to investigate the conduct of Justice Mutava following a ruling in which he terminated the Sh5.8 billion Goldenberg case against businessman Kamlesh Pattni.
Justice Mutava was facing 11 counts of impropriety, eight of which were dismissed due to lack of evidence.
The team was appointed by President Uhuru Kenyatta after the Judicial Service Commission petitioned him to appoint a tribunal to inquire into the conduct of the judge, pursuant to the provisions of Article 168 of the Constitution.
Other members of the tribunal are High Court Judges Maureen Odero and David Majanja and Senior Counsel Omesh Kapila and legal scholar Patricia Kamiri Mbote.
The tribunal shall prepare, submit a report and recommendations.