AG opposes suspended judge Mutava’s appeal at Supreme Court
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erred in law and fact by hearing and making recommendations against the judge yet the complaints against him were withdrawn.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.