Suspended Judge moves to court to block removal from office

Suspended High Court Judge, Joseph Mutava, has filed an appeal at the Supreme Court challenging his removal from office over alleged gross misconduct in the Goldenberg case.

Mutava filed an appeal at the Supreme Court saying that he was not accorded a fair hearing.

In his appeal, the Judge claims that the Tribunal probing him erred in law and in fact by making adverse findings and recommendations against him based on allegations which were not supported by the evidence adduced before it.

Mutava further argues that claims the Tribunal further erred in law by holding that he is accountable for the mistakes, errors and lapses committed by the Judiciary background office staff and counsels on record.

He now wants the Supreme Court to make a declaration that the findings and recommendations of the Tribunal to President Uhuru Kenyatta, that he be removed from office be quashed.

He also wants the court to find that the appointment of two additional members of the Tribunal  after the expiry of 14 days of receipt of the Petition from the Judicial Service Commission was in contravention of Article 168 (5) (b) and, therefore, unconstitutional. He claims that the entire proceedings and recommendation of the Tribunal is null and void saying that it lacked jurisdiction to inquire into complaints against him.

A tribunal investigating Justice Mutava recommended to President Kenyatta that the judge be removed from office for misconduct. The Tribunal, said three complaints against the Judge had been proven and hence their decision.

Justice Mutava was appointed a Judge of the High Court of Kenya on August 23, 2011.