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The Kenya Forum | Supreme Court Upholds Tribunal Finding Declaring Justice Mutava Unfit To Serve - The Kenya Forum

March 12, 2019

Summary

Former High Court judge Joseph Mutava has lost his bid for reinstatement after the Supreme Court upheld a tribunal ruling which found him unfit to serve as a judicial officer. He was sacked over the controversial handling of businessman Kamlesh Pattni’s case.

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Supreme Court Upholds Tribunal Finding Declaring Justice Mutava Unfit To Serve

Former High Court judge Joseph Mutava has lost his bid for reinstatement after the Supreme Court upheld a tribunal ruling which found him unfit to serve as a judicial officer.

“Unanimous decision has been made to affirm Justice Mutava’s removal from office.” ~ Justice Lenaola.

The Supreme Court ruling was delivered by Deputy Chief Justice Philomena Mwilu, Justices Mohamed Ibrahim, Jackton Ojwang’, Isaac Lenaola, and Njoki Ndung’u, who heard Mutava’s appeal.

KAMLESH PATTNI- GOLDENBERG SCANDAL

Joseph Mutava was sacked over the controversial handling of businessman Kamlesh Pattni’s case.

The judge acquitted Pattni over the multi-billion shilling Goldenberg scandal in 2013.

Justice Mutava was removed from office following the tribunal’s recommendation to President Uhuru Kenyatta in 2016. The tribunal, which was chaired by Chief Justice David Maraga comprised of High Court judges Maureen Odero and David Majanja; Mr Omesh Kapila and Prof Patricia Mbote.

The judge faced 11 counts of impropriety, eight of which were dismissed by the sub-committee headed by Supreme Court judge Smokin Wanjala.

Mutava was also accused of interfering with the judgment of another judge, Mr Justice Leonard Njagi, who swore an affidavit to support the allegations.

His conduct was also found wanting in the manner he handled a dispute between Kenya Airports Authority and World Duty-Free — a company associated with Mr Pattni.

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