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.
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