Suspended High Court judge Joseph Mutava has said he will appeal the decision by a tribunal investigating him to recommend his removal from office. He read malice in his indictment for alleged gross misconduct and vowed to fight to safeguard his reputation “by all legal means possible.”
“We will fight this to the end of the road. We will not relent,” said Mutava’s lawyer Philip Nyachoti. In its report handed over to President Uhuru Kenyatta on Wednesday, the tribunal recommended that the judge be removed from office for misconduct.
“The Judge is aggrieved by the tribunal’s decision and we will pursue all legal avenues to secure justice. I will file an appeal to the Supreme Court within the next seven days.
We respect the outcome of the investigations but totally disagree with it,” said Nyachoti. “All the allegations against Justice Mutava were withdrawn by the complainants. It is our considered view that the tribunal had nothing to decide upon. Recanted evidence holds no value at all.”
The seven-member tribunal, chaired by Court of Appeal judge and Chief Justice nominee David Maraga, concluded that three specific allegations regarding the manner in which he quashed the Sh5.7billion criminal case against Goldenberg architect Kamlesh Pattni had been proved.
Mutava was also found culpable of having influenced High Court judge Leonard Njagi (now retired) to rule in favour of Sehit Investments Ltd in a Sh200 million property dispute with businesswoman Josephine Onyango. The retired judicial officer is said to have received a text message from Justice Mutava on September 6, 2012 to communicate the request.
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