Suspended High Court judge gets back his job

By Lucianne Limo

Nairobi, Kenya: A three-judge Bench has stopped a tribunal appointed by President Uhuru Kenyatta from investigating the conduct of a suspended judge.

Justice Joseph Mutava Monday also got his job back after the court declared a decision by the President to suspend him as illegal and ordered that he resumes duties as a judge of the High Court.

This means that the embattled judge may get his full remuneration and benefits and any deductions already effected as a result of his suspension.

The judges declared the tribunal formed by President Kenyatta as irregular and unconstitutional because it does not meet the mandatory requirements of the Constitution.

The three judges: George Odunga, Pauline Nyamweya and Mumbi Ngugi further quashed the gazette notice dated May 31, 2013 suspending Justice Mutava and the appointment of a tribunal to investigate his conduct.

Mutava is, however, not completely off the hook after the court ordered the Judicial Service Commission to expeditiously and immediately commence the process of investigating the complaints levelled against him within the applicable provisions of the Constitution.

The judges noted that Mutava’s constitutional rights were violated since he was not furnished with testimonies of the witnesses who testified in support of allegations levelled against him. The court also ruled that Mutava was not given an opportunity to defend himself against the allegations and that the JSC also failed to give him a written reason for its decision.

JSC had probed and consequently cleared the judge of eight out of the 11 allegations but had found sufficient grounds to petition the President to form a tribunal to probe his conduct in three complaints.

“The tribunal as established is incompetent, irregular and unconstitutional and therefore lacks capacity and legal sanctity and sacredness to sit or discharge its constitutional mandate of investigating my conduct as intended by the President,” said Mutava.