Uhuru appoints tribunal to probe suspended judge Mutava

Court of Appeal judge David Maraga will lead a five-member tribunal that will investigate the conduct of suspended judge Joseph Mutava.

President Uhuru Kenyatta appointed the tribunal Thursday evening after suspending Justice Mutava following recommendation by the Judicial Service Commission (JSC).

The members of the tribunal are Justice Maureen Odero, Justice David Majanja, Omesh Kapila and Patricia Kamiri Mbote.

Justice Maureen Odero and Justice David Majanja are High Court judges.

Mr Kapila is a Senior Counsel while Prof Mbote is the Dean, Faculty of Law University of Nairobi.

In the discharge of its functions, the tribunal shall prepare and submit a report and recommendations and exercise all the powers conferred upon it by law for the proper execution of its mandate.

In exercise of powers conferred by Section 31 (4) of the Judicial Service Act, President Kenyatta also appointed Nazima Malik as the Lead Counsel and Emmanuel Bitta as Assistant Counsel to assist the tribunal.

The President also appointed Mugure Gituto and John Makori as joint secretaries to the tribunal.

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

The decision was reached two weeks ago at a special sitting of the JSC where the findings of a sub-committee headed by Supreme Court judge Justice Smokin Wanjala were discussed for the second time in a month.

The committee asked President Kenyatta to appoint a tribunal to investigate the conduct of the judge on three counts, which could lead to his dismissal from the Judiciary.

A statement signed by Prof Christine Mango, the JSC deputy chairperson, said that of the remaining three complaints, the Commission was satisfied that the complaints disclosed sufficient grounds to petition President Kenyatta to appoint a tribunal to inquire into the conduct of Mr Justice Joseph Mbalu Mutava. 

Judge Mutava could also resign from the Judiciary to avoid the panel.

Since March last year, a dozen complaints by the law society, Kenya Airports Authority, individual lawyers, a judge and a civil society group have been filed against the judge.

He caused uproar last month when he acquitted businessman Kamlesh Pattni of all charges related to the Goldenberg scandal on grounds that he would not get a fair trial because the case had dragged on for two decades.

The orders also restrained police from arresting or prosecuting the businessman.