Two Kenyan judges solicited Sh2.5m bribe, witness tells probe team

Suspended judge Joseph Mutava during the hearing of a Tribunal to Investigate him at KICC he acquitted Goldenberg scandal chief architect Kamlesh Pattni. PHOTO: JENIPHER WACHIE

A tribunal was yesterday told of an extortion racket involving two judges and a plaintiff in a case.

Suspended judge Joseph Mutava and former judge Leonard Njagi are accused of trying to solicit for Sh2.5 million from Sehit Investments Director Rose Mbithe for a favourable ruling in a case involving the firm and Josephine Onyango as the respondent.

Judiciary officer Kennedy Bidali testifying before appellate judge David Maraga-chaired tribunal said Ms Mbithe told him of an attempt by Justice Njagi to solicit for the money from her to rule in her favour.

Mr Bidali told the tribunal that Mbithe complained to him that the ruling of her case had been leaked prior to its formal delivery, and that the ruling written by Njagi had been compromised.

Bidali told the tribunal investigating Mutava’s suitability to continue serving as a Judiciary officer that he confirmed the ruling had been leaked and sought to interview the complainant on the matter.

Bidali said Justice Njagi, however, denied the accusations when he was interrogated by Chief Justice Willy Mutunga.

“Njagi denied asking for the money and told the Chief Justice that the demand must have come from Mutava because of the text,” he testified.

In his early testimony, Njagi accused Mutava of attempting to influence the ruling and produced a text he received from the judge that read in part; ‘HCC, 705 of 2009 Sehit inv vs Josephine Onyango. I am for plf, Sehit. Thanks.’

FOUND UNFIT

Njagi no longer serves as a judge after he was found unfit to continue working as Judiciary officer by the Judges and Magistrates Vetting Board.

At the same time, businessman Kamlesh Pattni’s lawyer, Bernard Kalove, appearing as a witness, accused lawyer Nelson Havi of soliciting for bribes from his client, and only complained of how the case was handled after failing in his attempt.

Mr Kolove accused Mr Havi of personal vendetta against the businessman after he failed to solicit for bribe saying the lawyer had a history of extorting from Mr Pattni.

Kalove said the lawyer launched complaints on how Pattni’s file was handled by the suspended judge after he failed to get bribe from the businessman.