Lawyer faults tribunal’s report on Judge Mutava

A tribunal’s recommendations for dismissal of High Court Judge Joseph Mutava was erroneous and not based on any complaints.

Lawyer Philip Nyachoti, for the judge, argues that the tribunal chaired by Court of Appeal judge David Maraga — now nominee for Chief Justice — erred by making recommendations adverse to his client based on complaints that had been withdrawn.

He said in papers filed in the Supreme Court that the complaints had not been re-instated and it was therefore unfair and unlawful for the tribunal to rely on uncorroborated third party testimony to arrive at adverse findings.

“The tribunal also erred by ignoring testimonies of key witnesses and the evidence adduced by the various witnesses,” Mr Nyachoti said.

Mr Nyachoti further faulted the tribunal for finding that the actions of the judge in writing a judgement in a case involving businessman Kamlesh Pattni at a time when the Judicial Service Commission was inquiring into allegations of misconduct against him was gross misconduct necessitating his removal.

“The tribunal erred by making a finding that the judge, by merely inquiring into the progress of another case, had sought to influence the decision of another judge,” said Mr Nyachoti.

In a report handed to President Uhuru Kenyatta a fortnight ago, the tribunal found Justice Mutava guilty of, among other things, allocating himself a case relating to Mr Pattni without the knowledge of the duty judge.