Judge who set Pattni free wants court to stop his probe
What you need to know:
- Through lawyer Phillip Nyachote, Justice Joseph Mutava has sued the tribunal set up by President Uhuru Kenyatta to investigate him and the Attorney-General. The Judicial Service Commission (JSC) is also listed as an interested party.
- The judge, who was suspended three years ago, claimed that should the tribunal proceed with the probe as scheduled — April 18 to May 19 — it would be acting unlawfully.
A judge who acquitted Goldenberg scandal chief architect Kamlesh Pattni on Thursday moved to court to stop a tribunal from investigating him over gross misconduct.
Through lawyer Phillip Nyachote, Justice Joseph Mutava has sued the tribunal set up by President Uhuru Kenyatta to investigate him and the Attorney-General. The Judicial Service Commission (JSC) is also listed as an interested party.
According to Justice Mutava, the tribunal lacks the jurisdiction to investigate him. He said the it is well aware that three complaints raised against him have been withdrawn by the alleged complainants.
The judge, who was suspended three years ago, claimed that should the tribunal proceed with the probe as scheduled — April 18 to May 19 — it would be acting unlawfully.
He claimed that the petition to the President by the JSC did not sufficiently and specifically disclose the grounds upon which he was to be removed from office as well as recommend his removal as a judge.
The High Court judge wants the court to certify the matter as urgent and to issue a temporary order stopping a gazette notice of the tribunal. He also wants it to stop the tribunal’s work until his case is heard and determined.
