Tribunal probing suspended judge Mutava summons CJ

By Hallyghan Agade

Chief Justice Dr. Willy Mutunga has been summoned by the tribunal probing the conduct of suspended judge justice Joseph Mutava.

The chief justice will now have to appear before the tribunal to testify after it ruled that it has powers to issue summons to any person based on sufficient basis.

The suspended judge is being investigated over the manner in which he handled the Goldenberg case involving businessman Kamlesh Pattni.

The tribunal under the chairmanship of Justice David Maranga sitting at Kenyatta International Convention Centre ruled that according to its rules and procedures, it is constitutionally mandated to issue summons to any persons mentioned to come and testify.

The five-member tribunal wants the CJ to respond to several issues raised by Mutava, who has been accused of corruption.

Through his lawyer Philip Nyachoti, Mutava argued that the Judiciary Ombudsman raised a number of issues the CJ needs to explain.

Justice Mutava was suspended in May 2013 following the recommendations of the Judicial Service Commission, which found him guilty of misconduct while handling three cases.

He was the judge who acquitted 5.8 billion shillings Goldenberg scandal chief architect Kamlesh Pattni.

He says the tribunal lacks jurisdiction to investigate him as the complaints lodged against him were withdrawn.

The tribunal resumes its sittings this Wednesday.


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