Embattled judge contests tribunal's verdict to oust him

Beleaguered High Court Judge Joseph Mutava has vowed to challenge a tribunal's decision to remove him from office.

Terming the Justice David Maraga-led tribunal's decision "ridiculous," Mutava said he is aggrieved and will appeal at the Supreme Court in the next seven days.

Through his lawyer Philip Nyachoti, the embattled judge said the seven-member tribunal had no jurisdiction to probe him since all the three complainants had withdrawn their cases.

He cited the International Criminal Court (ICC) cases involving President Uhuru Kenyatta and his deputy William Ruto, where the court ruled against the use of recanted evidence.

"The decision, which was arrived at by the tribunal was ridiculous because all the complaints were withdrawn. It is our own considered view that the tribunal had no jurisdiction to rely on recanted evidence based on what happened in the ICC over the use of recanted evidence in the Kenyan case," said Nyachoti yesterday at a press conference in Nairobi.

Nyachoti claimed witch-hunt in the handling of the case against his client and promised to fight on.

"We will fight this to the end. We will not relent," he said.

The tribunal on Wednesday presented to President Uhuru Kenyatta a 60-page report recommending the removal from office of the judge.

It proved three and of the six allegations levelled against him, among them his handling of the Sh5.8 billion Goldenberg scandal.

The team also found that Mutava sought to influence retired judge Leonard Njagi in a Sh200 million property case involving Sehit Investment Director Rose Mbithe Mulwa.

But Nyachoti said it was impossible for the tribunal to prove that the judge tried to influence Njagi's ruling over the case, but at the same time dismiss claims that he solicited for a Sh2.5 million bribe on behalf of Njagi to influence the ruling in favour of Ms Mbithe, who was the plaintiff in the case.

Mr Njagi is said to have received a text message from Justice Mutava on September 6, 2012, seeking to influence his decision in the case.

Nyachoti further said that the tribunal erred by ruling that the judge irregularly allocated himself the Goldenberg file.