State firm wants judge who dealt with Pattni case probed

A State corporation has filed a complaint against High Court judge Joseph Mutava, who is facing allegations of misconduct.

The Kenya Airports Authority (KAA) wants a tribunal set up to investigate Justice Mutava’s conduct in a case between it and World Duty Free, a company associated with tycoon Kamlesh Pattni.

The KAA wrote to the Judicial Service Commission (JSC) asking it to recommend that President Kibaki appoints a tribunal to investigate two complaints against Justice Mutava.

The State firm said the judge acted in a biased and unprofessional manner when he issued final orders on the case after hearing one party based on an application by World Duty Free. (READ: Pattni returns to haunt Kenyans with dirty Kanu era rip-off schemes)

It says the judge was biased because he issued the final orders without the corporation’s input. The final orders allowed World Duty Free to file, register and enforce some interim protective orders arising from an arbitration matter.

KAA also complained about a decision by Justice Mutava to cite the company’s top officials for disobeying court orders issued four years ago.

The corporation said Justice Mutava ruled that the KAA managing director and company secretary were in contempt of court when the application by World Duty Free had just been filed and not heard.

It says the application was not listed for hearing when the judge ruled that KAA was in contempt. A lawyer, Zul Alibha had also complained to the LSK about the JSC’s silence on its request for action to be taken against the judge.

Mr Alibha wrote to the JSC on March 23, 2012 about Justice Mutava’s conduct and swore an affidavit on behalf of litigants who were involved in a dispute over ownership of a real estate company.
He did not get a response, according to the LSK.

The lawyer accused Justice Mutava of throwing caution to the wind, entering into an axis and delivering compromised rulings and judgments.

On the complaint by KAA, the company officially wrote to the JSC and the LSK on the conduct of the judge and in relation to cases in court between companies associated with Mr Pattni and Judge Mutava.

LSK chairman Eric Mutua told the Nation the lawyers’ organisation had received the airports authority’s complaint and more were expected.

The LSK has asked members to submit to the society complaints against the judge so that they can be forwarded to the JSC.

The LSK made the announcement following a report by the Sunday Nation detailing allegations how the judge handled a case between KAA and World Duty Free.

A notice posted on the LSK website signed by its secretary, Mr Apollo Mboya, invites members with matters for or against Mr Pattni or his companies to submit the information to the society.

Mr Mutua said the LSK will peruse the files to investigate allegations that cases which should be handled in other divisions of the High Court are pushed to the commercial division to end up in Justice Mutava’s court.

Another lawyer, Mr Nelson Havi, had also written to the JSC to investigate the judge’s conduct.