By WAHOME THUKU
Nairobi, Kenya: The stage is now set for a gruelling legal battle between High Court Judge Joseph Mutava and the Judicial Service Commission (JSC).
This will be before a judicial tribunal is constituted within the next one week to investigate the conduct of the judge, as recommended by the JSC.
The commission petitioned President Uhuru on May 18 to form the tribunal to investigate allegations of misconduct against Judge Mutava.
But yesterday, The Standard obtained a letter to Chief Justice (CJ) Willy Mutunga, who is also the JSC chairman, in which Mutava’s lawyer Philip Nyachoti demands an inquiry into the manner in which a committee probing his client handled the matter.
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Nyachoti poked holes on the probe and how the findings were made public.
“The investigations and proceedings of the committee have been characterised by manipulation and interference by external forces out to terminate his career for personal vendetta,” he said in the nine-page letter sent on Monday.
Justice Mutava accuses the committee of meting out injustice on him on baseless allegations.
The judge says since the decision to recommend his investigation was made, he has been trying to get the report of the committee to no avail.
“When justice turns to be the tormentor of justice, who should discipline the JSC when it subverts justice,” he asked.
He says the JSC relied on untested evidence, external pressure, innuendos and personal prejudices to recommend his investigations and the decision should be quashed for the sake of justice.
Under the Constitution, a tribunal to investigate a judge other than the CJ, should have four members who are former judges or qualified to be judges, an advocate of 15 years standing and two other persons with experience in public affairs.
The judge stands suspended once the tribunal is formed but receives half salary till the investigations are concluded.
The controversy was fuelled by Mutava’s recent judgment terminating Kamlesh Pattni’s cases on Goldenberg.
