Supreme Court upholds tribunal decision to kick Justice Mutava out of office

March 12, 2019 (2 weeks ago) 1:03 pm
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Mutava (L) was accused of having influenced the outcome of a judicial review application involving controversial businessman-turned-preacher Kamlesh Pattni in 2012/FILE

, NAIROBI, Kenya, Mar 12 – The Supreme Court has upheld a 2016 tribunal decision recommending the removal of a High Court Judge from office.

The apex court Tuesday morning dismissed an application filed by Justice Joseph Mutava on September 29, 2016 challenging the decision of the tribunal presented to President Uhuru Kenyatta on September 20, 2016 recommending his removal from office over gross misconduct.

The tribunal had found the judge to have contravened Article 168 (1) of the Constitution which outlines grounds for removal from office of justices of superior courts.

He was accused of having influenced the outcome of a judicial review application involving controversial businessman-turned-preacher Kamlesh Pattni in 2012.

The Supreme Court dismissed contention over appointment of two members of the tribunal after the expiry of a 14-day period set out under Article 168 (5) following receipt of an application seeking his ouster, saying the matter was conclusively determined by the Court of Appeal.

Justice Mutava had termed the two appointments outside the constitutional provided time-frame as unconstitutional making the outcome of the tribunal inadmissible.

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