Pattni accuses tribunal of kicking him out of business

What you need to know:

  • In a suit in which he has sued the tribunal which investigated Justice Mutava, he accuses it for unnecessarily mentioning him during the proceedings of the probe and subsequently linking him into their investigations.
  • In 2012, various complaints were lodged before the Judicial Service Commission (JSC) in respect of court cases that had been heard or determined by the said judge at the High Court in Milimani.

Businessman Kamlesh Pattni has blamed the tribunal that investigated a former High Court judge over gross misconduct for kicking him out of business.

Mr Pattni faults the tribunal set up by President Uhuru Kenyatta to investigate Justice Joseph Mutava for dragging his name into the probe and repeatedly mentioning his name during the inquest.

The judge had acquitted him of charges related to the Sh5.8 billion Goldenberg scandal.

The businessman claimed the adverse mentioning of his name during the probe was unfair because the tribunal did not accord him an opportunity to defend himself.

He, therefore, argues that tribunal findings regarding him were unconstitutional as they have injured his livelihood and business opportunities.

SUSPENSION

“I am a businessman, the remarks, findings and decisions set out in the tribunal’s report concerning me are undeniably drastic with ramifications to kick me out from business, they have adverse effects on my economic interest therefore the actions justifies intervention by this court,” argues Mr Pattni.

In 2012, various complaints were lodged before the Judicial Service Commission (JSC) regarding court cases that had been heard or determined by then Justice Mutava at the Milimani High Court.

But it is the complaint on how the judge handled Mr Pattni;s case that saw a JSC committee recommend to the President that a tribunal be set up to investigate him beside being suspended four years ago.

And when the State sought to have Mr Pattni charged over the Goldenberg Scandal, he filed a suit at the High Court in which Justice Mutava issued orders that barred his prosecution.

FAIR TRIAL
Mr Pattni acclaimed he was never granted an opportunity to defend himself during the proceedings and hence he was denied the right to a fair trial.

He also faults the tribunal for not taking any action to rectify what he perceives as errors made on their part.

Mr Patnni wants it declared that the tribunal acted unlawfully, contrary to its terms as published in a June 17, 2013 Kenya Gazette notice and it resulted in a violation of his rights.

Consequently, he wants it declared that the remarks affected his business and hence wants sections in the tribunal's report that mention him be quashed.

The case will be mentioned on July 11.