Second judge entangled in Kamlesh Pattni’s legal battles

Businessman Kamlesh Pattni. World Duty-Free Shops, a company associated with the controversial tycoon, is embroiled in a legal tussle with Kenya Airports Authority. Photo/File 

By GALGALLO FAYO

In Summary

• Justice Alfred Mabeya disqualified himself from the case pitting World Duty-Free Shops against the Kenya Airports Authority (KAA) on June 21, citing media reports attributed to Law Society of Kenya chairperson Eric Mutua on their investigations of the judge over cases involving Mr Pattni.
• World Duty-Free is asking the court to compel KAA to allow it to operate exclusively at all its airport terminals for 10 years.

World Duty-Free Shops, associated with Kamlesh Pattni, has appealed a decision by a High Court judge to disqualify himself from hearing a dispute pitting the company against the Kenya Airports Authority (KAA).

Justice Alfred Mabeya disqualified himself from the case on June 21, citing media reports attributed to Law Society of Kenya chairperson Eric Mutua on their investigations of the judge over cases involving Mr Pattni.

But the businessman is seeking the intervention of the Court of Appeal to reverse Mr Justice Mabeya’s move, arguing that the judge was coerced by powerful individuals to quit the case. 

Mr Justice Mabeya in April last year granted interim orders stopping KAA from accepting any bids or awarding contracts to third parties for management and development of duty-free shops at the Jomo Kenyatta International Airport in Nairobi or any other airport.

The ruling was triggered by a tender advertisement by the authority inviting interested parties to bid for shops in a new terminal at the airport.

World Duty-Free is asking the court to compel KAA to allow it to operate exclusively at all its airport terminals for 10 years.

Powerful individuals

“That there is clear evidence in all the circumstances of intimidation of honourable judge and interference and perversion of the course of justice by powerful individuals, in this case the Law Society of Kenya through its chairman,” said World Duty-Free in court documents seen by the Business Daily.

Mr Pattni has previously accused Mr Mutua of allegedly misusing his position to retaliate losing court cases against the tycoon’s companies. Mr Mutua is the advocate for the KAA.

The judge said he disqualified himself following a letter by the advocate asking him to quit the case and undisclosed correspondence between the court and Chief Justice.

By withdrawing from the case, Mr Pattni claims, the judge went against the oath he took to discharge his duties without fear or favour.

Mr Justice Mabeya is the latest judge to be entangled in numerous court cases involving the businessman.

Recently, the Judicial Service Commission (JSC) bowed to public pressure and suspended High Court judge Joseph Mutava over allegations of misconduct.

This was after the LSK filed a petition with the JSC to investigate allegations that the judge was biased in his rulings, especially in cases involving Mr Pattni.

Last week, Mr Justice Mutava got orders stopping the tribunal from investigating pending hearing and determination of the case he had lodged at High Court.