Supreme Court ‘Chases’ High Court Judge from office

The Supreme Court has affirmed a decision by a tribunal that recommended the removal of Justice Joseph Mutava from office over gross misconduct.

In a decision read by Justice Isaac Lenaola, the bench dismissed Mutava’s appeal in which he sought to have the tribunal’s recommendation to the President quashed.

Suspended judge Justice Joseph Mutava Mbalu before the JSC.

Justice Lenaola said that they found that Mutava’s conduct amounted to gross misconduct. The bench after analysing the relevant facts on record confirmed that the tribunal acted within the expected limits of natural justice and fair hearing, he said.

Mutava’s was appointed a Judge of the High Court of Kenya on August 23, 2011. Between March 2012 and March 2013, several complaints were lodged with the Judicial Service Commission against him.

On December 2012, the JSC constituted a committee to investigate those allegations.

After an inquiry, the JSC sent a petition to the President recommending his suspension and appointment of a tribunal to investigate allegations of gross misconduct.

The tribunal later found him guilty.

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