LSK protests against judge in Pattni’s ruling

Nairobi, Kenya: The Law Society of Kenya (LSK) is demanding legal action be taken against a High Court Judge who acquitted businessman Kamlesh Pattni of Goldenberg criminal charges.

 LSK Chairman Eric Mutua urged the Judicial Service Commission (JSC) to probe nine complaints made by its members against Justice Joseph Mutava.

 He said majority of the nine complaints concerned cases involving Pattni and his companies.

 “We strongly believe in the rule of law and insist that justice should not only be done but seen to be done on the multi-billion shilling Goldenberg criminal charges,” he said.

 He regretted that Justice Mutava recently acquitted Pattni of the criminal charges and said that LSK would appeal against the decision.

 “We (LSK) will appeal against the decision by Justice Mutava in public interest if such action was not taken by the parties involved,” said Mutua.

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He said a case of the multitude of the multi-billion shilling Goldenberg scandal could not be dismissed on grounds that it has taken long in court.

 “The Goldenberg scandal nearly brought the country to its knees on the economic front and it cannot be dismissed on flimsy grounds,” the LSK Chairman said.

 “We (LSK) demand immediate action on the complaints we lodged against Justice Mutava before the JSC,” Mr. Mutua said.

The LSK Chairman wondered why the JSC moved with speed in hearing and determining the complaint lodged against former Deputy Chief Justice Nancy Baraza yet the complaints against Justice Mutava are more serious and taken more than six months to be acted upon.

 “We are deeply concerned that the JSC is treading carefully on Justice Mutava yet complaints we forwarded to them against him are weighty,” Mr. Mutua said.

 He said that Nancy Baraza who resigned as Deputy Chief Justice on October 18 last year had a single complaint against her rushed through a Tribunal.

The LSK Chairman regretted that Justice Mutava was still on the Bench while the JSC suspended Baraza immediately.

 “We are also concerned at the speed at which Justice Mutava has cleared Pattni of criminal charges on Goldenberg,” Mutua said.

Mutua said the rule of law must be respected in line with the new Constitutional dispensation.

 “Criminal charges are serious in any court of law…the magnitude of the Goldenberg scandal cannot be wished away,” the LSK Chairman said.