19 July 2018

Kenya: Former Judge Mutava Wants Supreme Court to Quash His Suspension

Nairobi — Former High Court judge Joseph Muatava now wants the supreme court to quash the decision of the tribunal that investigated his conduct on allegation of corruption and the same be declared null and void.

Mutava told a five judge bench that members of the tribunal acted illegally by conducting the proceedings when the complainants had withdrawn the allegations against him.

The bench comprising of Justice Philomena Mwilu, Jackton Ojwang, Mohamed Ibrahim, Njoki Ndungu and Isaac Lenaola, were told by the judge's lawyers Kyalo Mbovu and Philip Nyachoti, that members of the tribunal conducted the proceedings when they knew, lacked jurisdiction to investigate the judge.

The complaints against the judge having been withdrawn, the members of the tribunal had no option but to terminate the proceedings, the lawyers argued.

"There was no single complainants that appeared before the tribunal in which they could have relied upon in making a recommendation to the President for removal of Justice Muatava" the bench heard.

"The complaints had not been re-instated in any form of shape to have warranted the tribunal to investigate" the judge stated.

He stated that all allegations against him were not supported by way of evidence, saying the members of the tribunal acted on their own motion and ignored objections raised by the defense lawyers who questioned the manner in which members of the tribunal conducted the proceedings.

The lawyers told the court that, the tribunal allowed witnesses to testify without advancing their statements to the judge and some gave evidence with no statements recorded as required by the law.

They pointed out that the tribunal relied on uncorroborated third parties evidence to make adverse recommendations against the judge.

The tribunal was presided over by the Chief Justice Justice David Maraga assisted by other six members.

They included Justice David Majanja, Mureen Odero, Omesh Kapila, Professor Patricial Mbote Mr Lawrence Mute and Jedidah Ntoyai, Nazima Malik and Emmanuel Bitta acted as assisting counsels.

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