Suspended High Court judge Joseph Mutava yesterday made an about-turn and excused retired Chief Justice Willy Mutunga from testifying before the judicial tribunal investigating him over alleged corruption, misbehaviour and misconduct. Lawyer Philip Nyachoti told the seven-member panel, chaired by Court of Appeal judge David Maraga, that Dr Mutunga was no longer required to shed light on the circumstances that triggered a probe over the judge.
“We have reviewed the recent evidence and documents adduced by various witnesses and are of the view that it will not be necessary to cross-examine Dr Mutunga,” Nyachoti explained to the panel at the Kenyatta International Convention Centre. Lead Counsel Nazima Malik did not raise any objection.
The tribunal will resume its sittings this morning when advocate Fred Ngatia is expected to take the witness box. He had lodged a complaint against the judge over the way he handled the leadership dispute involving the management of East African Portland Cement.
Dr Mutunga had been summoned to explain about formal complaints made to him about Justice Mutava’s conduct that triggered preliminary investigations by Judiciary Ombudsman Kennedy Bidali and a sub-committee of the Judicial Service Commission (JSC).
The committee, chaired by Supreme Court judge Smokin Wanjala, had absolved the judge of eight out of 11 allegations. Nyachoti had successfully applied to the tribunal on May 16 to interrogate Dr Mutunga regarding the complaint lodged by Nairobi businesswoman Rose Mbithe in early 2013.
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