Supreme Court to rule on judge Joseph Mbalu Mutava’s suspension


Supreme Court to rule on judge Joseph Mbalu Mutava's suspension
Suspended judge Joseph Mutava Mbalu at the supreme court during hearing of an appeal against his suspension. PHOTO| COURTESY

In Summary

  • Justice Mbalu Mutava has been embroiled in a prolonged legal battle to save his career after a tribunal submitted a report to President Uhuru Kenyatta in 2016 recommending his removal from office over alleged misconduct.
  • 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, allegations his lawyers denied.

The fate of suspended High Court judge Joseph Mbalu Mutava now lies in hands of a five-judge bench of the Supreme Court led by Deputy Chief Justice Philomena Mwilu.

Justice Mbalu Mutava has been embroiled in a prolonged legal battle to save his career after a tribunal submitted a report to President Uhuru Kenyatta in 2016 recommending his removal from office over alleged misconduct.

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.

Justice Mutava filed an appeal urging the apex court to find fault and biasness in the tribunal’s verdict.

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

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 that was being led by Justice David Maraga, who was then a Court of Appeal judge.

The supreme court bench comprised of Justices Mwilu, Njoki Ndung’u, Isaac Lenaola, Mohamed Ibrahim and Jackton Ojwang will deliver judgment on the case on notice.

At the time of his suspension, Justice Mbalu Mutava had served as a judge for barely two years.

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Story By Agnes Oloo
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