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Mutava wants High Court to quash tribunal report

Embattled High Court Judge Joseph Mutava has petitioned the Supreme Court to quash recommendations by a seven-member tribunal for his removal from office over alleged misconduct.

The five-member Bench will exclude Chief Justice David Maraga, who chaired the tribunal which handed over its report to President Uhuru Kenyatta on September 21, 2016 and Justice Smokin Wanjala over his participation in the disciplinary process conducted by the Judicial Service Commission (JSC) in 2013.

Deputy Chief Justice Philomena Mwilu, sitting with Justices Mohamed Ibrahim, Jackton Ojwang, Njoki Ndung’u and Isaac Lenaola yesterday directed lawyers Kyalo Mbobu and Philip Nyachoti, representing the Judge and Senior State Counsel Emmanuel Bitta, for the tribunal to prepare adequately for the hearing on July 28.

Mutava has protested that the seven-member tribunal lacked jurisdiction to conduct any investigations since it was unconstitutionally established and its recommendations were valueless.

The tribunal’s findings were based on complaints that had been voluntarily withdrawn, that the complainants did not give evidence and that third parties supported his removal, he has argued in court papers.

The tribunal concluded that three specific allegations regarding the manner in which he quashed the Sh5.7 billion criminal case against Goldenberg suspect Kamlesh Pattni had been proved and they amounted to gross misconduct. 

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