Mwilu-led bench upholds decision to sack Justice Mutava over Goldenberg case

Supreme Court affirms removal of High Court Judge Joseph Mbalu Mutava over alleged misconduct.

In their recommendation, the five-judge bench of the Supreme Court led by Deputy Chief Justice Philomena Mwilu found that Mutava did influence to have Goldenberg case file placed before him.

“We looked at the proceedings before the tribunal and we are of the view that the judge was given a fair hearing…,” the judges said.

They also indicated that his wife was not compelled to testify as alleged and that the trial was fair..

Mutava moved to the apex court after he was found unfit to serve in the Judiciary.

He sought to have the tribunal decision set aside saying that the allegations against him did not warrant him being sacked.

“The conduct of this judge does not amount to gross misconduct, we therefore urge you to allow our appeal,” the appellant’s lawyer said.

The embattled judge, who was suspended in 2013, is said have allocated himself the Goldenberg case file without the knowledge of the duty judge and proceeded to write a judgment.

He was also accused of soliciting for a bribe to influence the ruling.

However, the Judicial Service Commission, through its advocate Emmanuel Bita, urged the court to hold that the judge was guilty of gross misconduct as was held by the tribunal.

Justice Mbalu Mutava had served as a judge for barely two years when he was suspended.

At the time, the tribunal was led by Justice David Maraga, who was then a Court of Appeal judge.