Judge Joseph Mutava fights off accusations, claims witch-hunt by Eric Mutua

Joseph Mutava

Suspended High Court judge Joseph Mutava now says former Law Society of Kenya chairman Eric Mutua was the author of his woes.

The judge made the claims as he termed the allegations of gross misconduct against him a witch-hunt.

Justice Mutava told the tribunal investigating his conduct that his woes were triggered by a court case involving Kenya Airports Authority (KAA), in which Mr Mutua was involved.

The beleaguered judge said Mutua had asked him for a favour in the case, which he had declined.

"There was a witch-hunt constructed by the LSK at the time based on a matter involving KAA," he told the tribunal.

"All these complaints were triggered by one event; the Kenya Airports Authority. I declared some people to be in contempt in those matters and one of the person was a friend to the former LSK chairman," he added.

Mutua was acting for KAA over the disputed duty free shops at the Jomo Kenyatta International Airport involving businessman Kamlesh Pattni.

He had ordered the authority to keep off and not evict Mr Pattni, who was running the shops.

Mutava said another complaint was lodged a year later after another case involving East African Portland Cement (EAPCC) had been settled by another judge where "all parties were happy".

Mutava is accused of meeting one of the directors of the cement company a weekend to the ruling of the case, in which he reinstated the firm's directors.

The entire board had been sent on compulsory leave pending investigations over a Sh1 billion tender. But while defending his decision, he said he neither met nor knew any of the directors.

He further moved to prove that his decision was right since it was upheld by Justice Mohammed Warsame, who later heard the case after it was consolidated with a similar one.

He also sought to prove that the firm was not a State corporation, citing the fact that it was listed on the Nairobi Stock Exchange.

The embattled judge had also directed the then minister for Industrialisation, Amason Kingi, to stop meddling with the operations of the firm because it was not State property.

Mutava was, however, hard pressed in a cross-examination by lawyer Nazima Malik to explain ownership of an Airtel line said to have been used by him to send a text message attempting to influence a decision by retired judge Leonard Njagi.

Mutava said he has never owned the line, adding that the activities of the line were "amazing" for a High Court judge in Kenya.