AG op­poses sus­pended judge Mu­tava’s ap­peal at Supreme Court

The Star (Kenya) - - Politics Judiciary -

The Attorney Gen­eral yes­ter­day op­posed an ap­peal filed by sus­pended judge Joseph Mu­tava (pic­tured) at the Supreme Court.

He said the tri­bunal chaired by Chief Jus­tice David Maraga gave a fair ver­dict.

Maraga is now the pres­i­dent of the apex court, which is sup­posed to hear Mu­tava’s case.

The tri­bunal that in­ves­ti­gated Mu­tava’s con­duct over cor­rup­tion al­le­ga­tions rec­om­mended to Pres­i­dent Uhuru that he be dis­missed.

“The record of the pro­ceed­ings be­fore the tri­bunal at­tests to the fact that the ap­pel­lant was ac­corded a fair hear­ing,” AG Githu Muigai said through state coun­sel Jen­nifer Gi­tiri.

The move fol­lows the tri­bunal’s de­ci­sion on Sep­tem­ber 21 to dis­miss Mu­tava as a judge. The tri­bunal, ap­pointed by Uhuru, unan­i­mously rec­om­mended that three of the six al­le­ga­tions against Mu­tava were proven. Mu­tava, who wants the de­ci­sion quashed, said through lawyer Philip Ny­a­choti that the tri­bunal acted out­side its ju­ris­dic­tion. Ny­a­choti also said the tri­bunal lacked pow­ers to carry out in­ves­ti­ga­tions as it was un­con­sti­tu­tion­ally con­sti­tuted. Ny­a­choti said its rec­om­men­da­tions were there­fore null and void. He added that the tri­bunal erred in law and fact by hear­ing and mak­ing rec­om­men­da­tions against the judge yet the com­plaints against him were with­drawn.

Mu­tava was sus­pended in May 2013 as rec­om­mended by the JSC, which found him guilty of mis­con­duct in han­dling three cases.

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