By SAM ALFAN
The high court has annulled the tribunal that was formed by the Judicial Service Commission to investigate Justice Joseph Mutava over claims of malpractices.
The three judge bench while delivering its judgment also ordered the JSC to start investigating complaints leveled against Mutava afresh but within the confines of the constitution.
Justice George Odunga, lady justice Mumbi Ngugi and Pauline Nyamweya ruled that the tribunal that was formed by the president to investigate Justice Joseph Mutava over malpractices was unconstitutional because it was formed after 31 days instead of 14 days as the law stipulates.
While delivering the ruling on behalf of other judges, justice Odunga said that judge Mutava was not furnished with reasons as to why he was to be investigated. He further said the Judicial Service Commission JSC was influenced by external forces to probe Mutava . Justice Mutava was represented by his lawyer Philip Nyachoti.
Mutava was 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.
During the hearing through his lawyer Phillip Nyachoti, Mutava argued 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.
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 during the hearing 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.