Suspended judge wants to question Mutunga in integrity case
Chief Justice Willy Mutunga attends the launch of the Sentencing Policy Guidelines on January 25, 2016 at the Supreme Court. Justice Joseph Mutava on May 12, 2016 told a tribunal that he would like to cross-examine the Chief Justice in relation to evidence given by the Judicial Ombudsman, Mr Kennedy Bidali. PHOTO | EVANS HABIL | NATION MEDIA GROUP
What you need to know:
- The lead assisting counsels, led by Ms Nazima Malik, however objected to the request, saying Mr Nyachoti had not provided reasonable ground for it to be granted.
- Appellate judge David Maraga, who is chairing the tribunal, said they will rule on Monday on whether Dr Mutunga will be questioned by Mr Nyachoti.
A judge who is being investigated by a tribunal wants to cross-examine Chief Justice Willy Mutunga after the head of the Judiciary was adversely mentioned by a witness.
Through lawyer Philip Nyachoti, Justice Joseph Mutava on Thursday told the tribunal that he would like to cross-examine the Chief Justice in relation to some of the evidence given by the Judicial Ombudsman, Mr Kennedy Bidali.
Mr Bidali, who is a magistrate, had told the tribunal that he asked Dr Mutunga to investigate Justice Leonard Njagi, who has alleged having received a text message from Justice Mutava to influence the outcome of a ruling that was pending delivery.
“That testimony having come from Mr Bidali, who is Dr Mutunga’s personal assistant, we want to ask the Chief Justice a few questions,” said Mr Nyachoti.
“The basis of our request was laid down by Mr Bidali’s testimony.”
The lead assisting counsels, led by Ms Nazima Malik, however objected to the request, saying Mr Nyachoti had not provided reasonable ground for it to be granted.
“The office of the Chief Justice is a very high office, and there has to be convincing reasons why the request is being made,” said Ms Malik.
“Mr Bidali had already told the tribunal that, while conducting investigations, they were not allowed to interview a judge directly given the seniority, and that was the reason they asked the Chief Justice to do it on their behalf.”
The complaint against Justice Mutava was referred to the Judicial Service Commission (JSC) after Justice Njagi produced a short text message from the former.
Appellate judge David Maraga, who is chairing the tribunal, said they will rule on Monday on whether Dr Mutunga will be questioned by Mr Nyachoti.
Other members of the tribunal are Justice David Majanja, Justice Maureen Odero, Professor Patricia Mbote, Mr Lawrence Mute, Ms Jedidah Ntoyai and Mr Omesh Kapila.
The ruling on Mr Nyachoti’s request for lawyer Odhiambo Adalla to be summoned over an affidavit he filed in court will also be delivered next week.
Meanwhile, senior lawyer Ahmednasir Abdullahi was directed to appear on Monday over allegations against him by a witness.
