Tribunal investigating High Court judge summons CJ Willy Mutunga to testify

Chief Justice Willy Mutunga. PHOTO: FILE

Chief Justice Willy Mutunga has been summoned by a tribunal investigating the conduct of suspended High Court judge Joseph Mutava.

The tribunal chaired by appellate judge David Maranga yesterday granted Justice Mutava's request to have Dr Mutunga testify as a witness in the proceedings.

This was after the CJ was mentioned as having participated in the investigations that resulted in the formation of the tribunal to investigate the judge.

Judiciary Ombudsman Kennedy Bidali had told the tribunal that upon receiving complaints from Sehit Investments Director Rose Mbithe over a property suit, he carried out preliminary investigations but referred retired judge Leonard Njagi to Mutunga for interrogation over the matter.

After Mutunga (right) summoned Njagi and having looked at a text message from Mutava to the retired judge, the matter was referred to the Judicial Service Commission (JSC).

procure attendance

"In the circumstances, we agree with the judge's application and order that at an appropriate time...summons are issued to the honourable Chief Justice of the Republic of Kenya to testify as a witness for the judge in this matter," ruled the tribunal.

Justice Maranga added: "We therefore direct that the secretariat, at the appropriate time, procures the attendance of the Chief Justice."

During the interview, Njagi told Mutunga that Mutava sent him a text message seeking to influence him to rule in favour of Ms Mbithe.

While making the request to have Mutunga appear before the commission, lawyer Philip Nyachoti said the CJ should have summoned the suspended judge to get his side of the story.

The tribunal said its decision to summon Mutunga was based on Paragraph 14 (1) of the Second Schedule in the Judicial Service Act that entitles a judge whose conduct is being investigated to call evidence in seeking to rebut allegations against evidence.

The tribunal adjourned till tomorrow, with senior counsel Ahmednasir Abdullahi among individuals lined up to testify before it. Mr Abdullahi was adversely mentioned by Mbithe for allegedly soliciting for bribes in the property suit, and had asked to appear before the tribunal to rebut the allegations.