President suspends Justice Mutava, forms tribunal to investigate his conduct

Justice Joseph Mutava (right) confers with judicial officers in this file photo. President Kenyatta has suspended Justice Mutava and formed a tribunal to investigate his conduct May 30, 2013  NATION

By NATION Reporter

In Summary

• Move follows recommendation from the Judicial Service Commission.
• Justice Mutava was facing 11 counts of impropriety, eight of which were dismissed due to lack of evidence.
• Judge caused uproar when he acquitted businessman Kamlesh Pattni of all charges related to the Goldenberg scandal.

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President Kenyatta has suspended Justice Joseph Mutava and formed a tribunal to investigate his conduct.

The President was acting on the recommendation of the Judicial Service Commission (JSC).

Justice Mutava was facing 11 counts of impropriety, eight of which were dismissed due to lack of evidence.

The decision was reached two weeks ago at a special sitting of the JSC where the findings of a sub-committee headed by Supreme Court judge Justice Smokin Wanjala were discussed for the second time in a month.

The committee asked President Kenyatta to appoint a tribunal to investigate the conduct of the judge on three counts, which could lead to his dismissal from the Judiciary.

A statement signed by Prof Christine Mango, the JSC deputy chairperson, said that of the remaining three complaints, the Commission was satisfied that the complaints disclosed sufficient grounds to petition President Kenyatta to appoint a tribunal to inquire into the conduct of Mr Justice Joseph Mbalu Mutava. 

Judge Mutava could also resign from the Judiciary to avoid the panel.

Since March last year, a dozen complaints by the law society, Kenya Airports Authority, individual lawyers, a judge and a civil society group have been filed against the judge.

He caused uproar last month when he acquitted businessman Kamlesh Pattni of all charges related to the Goldenberg scandal on grounds that he would not get a fair trial because the case had dragged on for two decades.

The orders also restrained police from arresting or prosecuting the businessman.

Justice Mutava, who had been moved from Milimani to Kericho, was also accused of interfering with the judgment of Justice Leonard Njagi, who has since been found by the Judges and Magistrates Vetting Board to be unfit to continue serving in the Judiciary.

Justice Njagi swore an affidavit to support the allegations