Justice Mutava faults probe team over evidence

A suspended judge, who is currently being investigated by a tribunal, on Monday criticised the piecemeal production of evidence against him.

Judge Joseph Mutava, through his lawyer Philip Nyachoti, told a tribunal that some of the materials being used by the witnesses to testify against him, were being unveiled late when the witnesses had already taken the seat ready to testify,  hence prejudicing his ability to respond effectively.

Mr Nyachoti urged the tribunal to direct the State counsel to provide him with all the materials at least a day before the witnesses appear to testify so that he is able to adequately prepare questions for the witnesses and also reorganise his defence.

Mr Nyachoti also lamented at the omission of a key part of the testimony earlier given by a witness, from the recordings being made by the tribunal during the hearing.

“It has come to our attention that a question from a member of the tribunal directed to one of the earlier witnesses was not recorded, yet the response given to that question is very important to us,” said Mr Nyachoti.

Appellate Judge David Maraga, who is heading the tribunal, however made an assurance the allegation would be investigated and corrected appropriately.

At the same time, Judge Mutava’s former court clerk, Mr Silas Kipkirui was at pains to explain circumstances leading to one of the judgments being leaked.

Mr Nyachoti told the tribunal that Justice Mutava had written a letter in 2012 addressed to the deputy registrar, Milimani High Court in Nairobi, asking that he be given another court clerk because he had lost faith in the ability of Mr Kirui to conduct himself with integrity.

Mr Kirui, however, denied the allegations saying the alleged letter had only come to his knowledge on Monday.

Hearing continues Tuesday.