Justice Mutava denies claims of misconduct

Suspended High Court Judge Joseph Mutava has defended himself against claims of gross misconduct.

Justice Mutava wants the tribunal investigating him over alleged misconduct to exonerate him and allow him to resume his duties at the law courts.

In his final submissions filed Wednesday afternoon at the tribunal, the judge says that the allegations of misconduct and misbehavior have not been substantiated and lack sufficient gravity to warrant his removal from office.

In submissions filed by his lawyer Phillip Nyachoti, Mutava said that he cannot be faulted for an administrative action on the part of back office or administration office staff and had nothing to do with the file being placed before him on 10th August 2012.

He further submitted that the allegations that he irregularly and inappropriately allocated himself the file in JR No. 305 of 2012 are unfounded and remain unsubstantiated.

“We urge this tribunal to recommend that the judge be exonerated in respect of all the allegations and further recommend that his suspension be immediately lifted and that be directed to resume his duties as a judge of the High Court of Kenya forthwith,” said Nyachoti.

Mutava said that he should be accorded alternative or less drastic disciplinary measures as opposed to removal from office.

Mutava is accused of clearing businessman Kamlesh Pattni of charges in relation to the Goldenberg scandal, in which the country lost billions of shillings in dubious transactions.