High Court Judge John Mativo yesterday bowed out of the petition by Goldenberg suspect Kamlesh Pattni seeking to be exonerated from allegations of misconduct against suspended Judge Joseph Mutava.
“In view of my personal relationship with Justice Mutava, it is no longer tenable for me to hear this matter. It is only fair that I disqualify myself,” Justice Mativo said and referred the suit to the Head of the Constitutional and Human Rights Division, Justice Enock-Chacha-Mwita for re-allocation.
Pattni, who was the prime suspect in the controversial S5.8billion criminal case, has cried foul that he was adversely mentioned in the report by the seven-member tribunal that recommended to President Uhru Kenyatta that Justice Mutava be removed from office for alleged misconduct.
He says he was denied an opportunity to participate in the tribunal’s deliberations to clear the lies and assumptions presented by witnesses.
The businessman has complained that the tribunal, chaired by Chief Justice David Maraga (during his tenure as Appellate Judge) overstepped its mandate and relied on falsehoods relating to the ownership of Goldenberg International Ltd.
He says he was rightly vindicated of any wrongdoing and the tribunal considered extraneous issues. Justice Mutava has already petitioned the Supreme Court to quash the tribunal’s findings on this basis that it was unconstitutionally constituted.