A judge has opted out of a case in which billionaire businessman Kamlesh Pattni seeks to clear adverse mention over his involvement with  justice Joseph Mutava whose conduct was found wanting in the face a public backlash ignited by a judgment in which he absolved Pattni and his associated firms from the Goldenberg Affair.
In the case, Pattni faults The Tribunal Established to Investigate the Conduct of Justice Mutava for dragging his name  into a report and recommendation that led to the unenviable suspension of the judge.
The tribunal. appointed by President Uhuru Kenyatta, recommended  Mutava’s suspension after finding that three of six allegations against him were proven.
He was suspended in May 2013 as recommended by the JSC, which found him guilty of misconduct while handling three cases.


Correct position

Pattni wants his name expunged from the tribunal’s report and recommendations into the judge’s conduct.

“The 1st respondent(The Tribunal Established to Investigate the Conduct of Justice Mutava) made adverse remarks, findings, and decisions relating  to the petitioner based upon material errors of fact….” Pattni suit papers  read.

He cries out that he was ” condemned without being given an opportunity to be heard and  would have presented the correct position to the tribunal.”
Proven allegations

In the report, the tribunal found Mutava guilty of allocating himself a case relating to Pattni without the knowledge of the duty judge.

The report  recommended that the judge be removed from office for misconduct.

Two of the three proven allegations were in regard to his handling of the Goldenberg case in which he  prohibited  Pattni’s prosecution.

The businessman  wanted the court to make a declaration that the findings of the report are a violation of his constitutional rights.

File and serve

Justice John Mativo on May 16 2017 asked the parties to file and serve respective documents for a hearing on July 11 2017 but he has since pulled out, citing personal reasons.

Mativo said that Judge Mutava is known to him adding that it will not be proper for him to hear and determine the matter.

“It will not be proper for me to hear the matter…I therefore recuse myself,” Mativo said and referred the file back to the head of the division, Chacha Mwita, for “reallocation.”

The case will be mentioned on July 26 2017.

Alter ego of his companies

 The tribunal, chaired by the now Chief Justice David Maraga, found Justice Mutava had inappropriately handled cases dealing with  Pattni.
Pattni argues  the tribunal went beyond its  mandate to investigate his reputation.
Paragraph 41 of the report reads:The Bosire Commission  which completed its work  in February 2006, found that Pattni was  the alter ego of his  companies and recommended  his prosecution  and that of the persons associated with Goldenberg Affair.