The ghosts of the infamous Goldenberg scandal yesterday returned to haunt suspended High Court judge Joseph Mutava, who acquitted its chief architect Kamlesh Pattni, in controversial circumstances three years ago.
The seven-member tribunal appointed by President Uhuru Kenyatta to investigate the judge unanimously recommended his sacking on grounds that he inappropriately colluded with other parties to extinguish the Sh5.7billion criminal charges against Pattni and his alleged co-conspirators.
Three specific allegations against the judge regarding the manner in which he quashed the 20-year-old criminal case facing Pattni, were proved, Court of Appeal judge David Maraga, who chaired the probe team, announced shortly after presenting its 66-page report to President Kenyatta at State House in Nairobi.
Yesterday morning, Justice Maraga led his team of Lady Justice Maureen Odero, Justice David Majanja, Omesh Kapila, Prof Patricia Kameri-Mbote, Lawrence Mute, and Joint Secretaries Mugure Gituro and Tom Nyamorata in presenting the report to the President before read ing their findings to the press.
Further, it was established that Justice Mutava attempted to influence retired Commercial judge Leonard Njagi, through oral and text messages, on September 6, 2012, to rule in favour of Sehit Investments Ltd, a firm associated with businesswoman Rose Mbithe, in a Sh200 million property dispute with Josephine Onyango.
“The findings of the tribunal are that in violation of Rules 3 (5) and 12 (1) of the Judicial Code of Conduct and Ethics, Justice Mutava’s actions amounted to gross misconduct. On these findings, pursuant to Article 168 (7) of the Constitution, the tribunal recommended to the President that Justice Mutava be removed from office,” Justice Maraga announced.
Pattni did not appear before the tribunal but his lawyer, Bernard Kalove, explained that he handled the case in a transparent and professional style. He denied any under-hand dealings or wrongdoing.
Pattni had been charged along with former Kenya Commercial Bank general manager, Elijah arap Bii, former Central Bank of Kenya deputy governor, the late Eliphaz Riungu and former Treasury Permanent secretary, the late Dr Wilfred Karuga Koinange.
The post Tribunal finally recommends Mutava sacking appeared first on Mediamax Network Limited.