By SAM ALFAN
The fate of suspended judge Joseph Mutava who was suspended following claims of misconduct now lies in the hands of a three judge bench.
Mutava is fighting the allegations against him by the law society of Kenya following the ruling he made terminating Golden berg scandal case against business kamlesh pattni.
Justice Mutava obtained temporary orders stopping the probe by five members tribunal which Mutava lawyer argues that the tribunal was appointed illegally appointed.
The three high court judges led by Justice Mumbi Ngugi will deliver the judgment on the 31st of January next year on whether he will face the tribunal or be allowed to resume duty as a judge.
Judges Mumbi Ngugi, Pauline Nyamweya and George Odunga will determine a petition by Justice Joseph Mutava challenging the decision to suspend him, as well as the decision by President Kenyatta to appoint a tribunal to investigate his conduct.
Through his lawyer Phillip Nyachoti, Mutava argues that there was external manipulation to kick him out of the judiciary. Additionally he claims that he has not yet received the proceedings and the report that recommended his suspension.
Judicial service Commission through lawyer Paul Muite however asked the court to dismiss Mutava’s petition and have the tribunal investigate him over allegations of misconduct.
Justice Mutava found himself in the eye of a storm after he cleared businessman Kamlesh Pattni of all charges relating to the Goldenberg scandal.
Mr Nyachoti told the court that, the law state that the president should appoint a tribunal of seven members after he receives the recommendation to investigate a Judge and terms the move by the president to appoint five members tribunal as unconstitutional and such tribunal can’t proceed to investigate the judge since it does not consist of seven members.