Tribunal endorses Justice Mutava's removal - Daily Nation

Tribunal recommends Joseph Mutava's removal for misconduct

Wednesday September 21 2016

Chief Justice David Maraga.

Chief Justice David Maraga. All of power of the Supreme Court, including that of invalidating a presidential election, is donated by the people of Kenya, he says. PHOTO | FILE | NATION MEDIA GROUP. 

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A tribunal investigating Justice Joseph Mutava has recommended to President Uhuru Kenyatta that the judge be removed from office for misconduct.

The tribunal handed the report to President Kenyatta on Wednesday at State House, Nairobi.

Appellate Judge David Maraga, the chairman of the tribunal, said three complaints against the judge had been proven and hence their decision to recommend that he be removed.

The tribunal submitted a report to the President in the morning before making public their findings at the Kenyatta International Convention Centre in Nairobi.

Justice Maraga said that after hearing the evidence of 29 witnesses and submissions by Justice Mutava’s lawyer, the tribunal found that the judge had, in collusion with others, allocated himself a file without the knowledge of the duty judge, proceeded to write a judgment in a case where he was being investigated, and sought to influence a ruling.

“Pursuant to our finding and the provisions of Article 168 (7) of the Constitution, the tribunal has unanimously recommended to His Excellency the President, that the Honourable Judge be removed from Office,” said Justice Maraga.

Three other allegations were, however, not proved and were dismissed.

The allegations were that Justice Mutava caused a file to be retrieved from the safe custody of the High Court and taken to him at his new work station in Kericho and that he solicited a Sh2.5 million bribe on behalf of another judge.

The third claim was that he was seen in Karen, Nairobi, in the company of one of the parties in a case before him.

Other members of the tribunal were vice-chairman Jedidah Ntoyai, Justice Maureen Odero, Justice David Majanja, Omesh Kapila, Patricia Kameri-Mbote and Lawrence Mute. The joint secretaries were Mugure Gituro and Tom Nyamorata were also present.