Former High Court judge Joseph Mutava who was found unfit to serve in the Judiciary by a tribunal formed to investigate his conduct will on Tuesday know whether he will remain or pack home.
The Supreme Court will make a ruling on his appeal in which he is challenging the tribunal’s findings on his code of conduct.
The tribunal found him guilty of grand misconduct and recommended to the President to have him removed from the Judiciary.The supreme court rule will be delivered by Deputy Chief Justice Philomena Mwilu and Justices Mohamed Ibrahim, Jackton Ojwang’, Isaac Lenaola, and Njoki Ndung’u, who heard the appeal.
Joseph Mutava had requested the Supreme Court to make a finding that the allegations against him did not amount to the need for his removal in office.
He had told the five-judge bench that the tribunal which was chaired by Chief Justice David Maraga had expressed open bias against him during the hearing of the case in 2016 when his wife, Kibwezi East MP Jessica Mbalu, was compelled to testify against him.
His lawyer Philip Nyachoti had told the court that the tribunal made an error when they reached a finding that the only option they had was for Joseph Mutava removal from office. The judge was sacked over his contested handling of businessman Kamlesh Pattni’s file.
“The tribunal had the option of recommending that he should be suspended for a given period, then be reinstated and not necessarily removal from office. We ask that the judge be reinstated,” said Mr Nyachoti.
The lawyer also told the bench that all the complaints which had been brought against the judge had been withdrawn and that the tribunal was unfair to him when it relied on the same to recommend his removal.
Mr Nyachoti also urged the court to find that the whole verdict by the tribunal was unlawful because the way the case against the judge was conducted before the tribunal had not fully complied with the provisions of the Judicial Service Act on removal of a judge.