6 July 2013

Kenya: Court Delays Probe On Judge

An order stopping investigations into the conduct of suspended High Court judge Joseph Mutava has been extended.The temporary order was extended by justice Mumbi Ngugi following an application byMutava.

The file will be given to Chief Justice Willy Mutunga so he can appoint a three-judge bench to hear the matter.In his application, Justice Mutava sought an order to prohibit any adjustment to his salary and benefits.

He wants the judiciary to refund him any deductions from his salary already effected.Under the law, a judge who is on suspension is entitled to half salary until he or she is cleared or sent home.

Mutava was suspended over allegations of misconduct following a recommendation by the Judicial Service Commission made on May 17.

He is challenging his investigation on grounds that his lawyer was not allowed to cross-examine any of the witnesses who testified before the JSC committee.

Mutava said he doubts the conduct of investigations and proceedings in the JSC committee claiming there was interference and manipulation.

As of yesterday when the matter came up, the JSC had not filed its response to Mutava's application.

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