Bench to determine fate of Pattni judge
PHOTO | PAUL WAWERU | FILE Mr Justice Joseph Mutava.
What you need to know:
- Three judges set to decide Mutava’s case challenging his suspension and probe by tribunal
- Three parties asked to apply to join case
The fate of a judge suspended over his handling of cases involving businessman Kamlesh Pattni now lies in the hands of three judges.
Chief Justice Willy Mutunga has appointed judges Mumbi Ngugi, Pauline Nyamweya and George Odunga to determine a petition by Mr Justice Joseph Mutava challenging the decision to suspend him, and President Kenyatta’s appointment of a tribunal to investigate his conduct.
Justice Ngugi disclosed the bench when the petition came for directions yesterday and extended orders barring the Judicial Service Commission from taking any action against Judge Mutava, and the tribunal from beginning its investigations.
She also directed the Law Society of Kenya, the International Centre for Policy and Conflict and Magnate Ventures Limited to make formal applications to be enjoined in the suit as interested parties.
Judge Mutava was suspended in May following a recommendation by JSC on allegations of misconduct. He faced 11 counts of impropriety, eight of which were dismissed by the sub-committee headed by Supreme Court judge Smokin Wanjala.
The judge was suspended over the manner in which he handled the multi-billion shilling Goldenberg scandal, and acquitted its chief architect Kamlesh Pattni.
His conduct was also found wanting in the manner he handled a dispute between Kenya Airports Authority and World Duty Free — a company associated with Mr Pattni.
The third complaint was that he interfered with the judgment of another judge, Mr Justice Leonard Njagi, who swore an affidavit to support the allegations.
President Kenyatta appointed a five-member tribunal headed by appellate judge David Maraga to look into the claims. Other members were High Court judges Maureen Odero and David Majanja; Mr Omesh Kapila and Prof Patricia Mbote.
He, however, through lawyer Philip Nyachoti contested the composition of the tribunal, arguing that it was unconstitutional, incompetent and irregular.
“The tribunal lacks capacity, legal sanctity and sacredness to sit, deliberate or discharge its mandate of investigating the conduct of the judge as intended by the President,” said Mr Nyachoti.
Judge Ngugi directed the JSC and the Attorney-General to file their responses within 14 days.
The case will be mentioned on October 16.
