High Court Judge in last attempt to keep his job

Judge Joseph Mutava during the hearing of a Tribunal to Investigate him at KICC. CJ  David Maraga - then a judge of the Supreme Court - recommended the removal of Justice Joseph Mutava from the Judiciary over his handling of the Goldenberg case. (PHOTO: JENIPHER WACHIE/ STANDARD)

The Supreme Court will on Thursday begin hearing a petition by a High Court judge fighting to keep his job.

In September, a tribunal chaired by Chief Justice David Maraga - then a High Court judge - recommended to President Uhuru Kenyatta the removal of Justice Joseph Mutava from the Judiciary over his handling of the Goldenberg case.

Tomorrow is expected to be the judge's last attempt to block the tribunal's recommendations.

Mr Maraga, who chaired the tribunal before his appointment as President of the Judiciary, is expected to excuse himself from the matter.

Mr Mutava's lawyer, Philip Nyachoti, has maintained that the seven-member tribunal had no jurisdiction to probe the judgebecause the complainants had withdrawn their cases.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.

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

The tribunal's decision to recommend Mutava's sacking was based on three out of six allegations levelled against him, among them his handling of the Sh5.8 billion Goldenberg scandal.

The tribunal also found that Mutava sought to influence retired Justice Leonard Njagi through a text message in a Sh200 million property case involving Sehit Investment Director Rose Mbithe Mulwa.