Justice Isaac Lenaola Delivered the Ruling on Joseph Mbalu’s Case
The Supreme Court has Tuesday upheld the removal of High Court judge Joseph Mbalu Mutava over allegations of gross misconduct.
Five judges of the apex court ruled that Mbalu was given a fair hearing.
In a ruling by delivered by Justice Isaac Lenaola the court affirmed the decision of the Judicial Service Commission (JSC) tribunal appointed to investigate him and the court ruled that the judge was unfit to hold office.
He was also accused of soliciting a bribe to influence ruling on the Goldenberg case.
The former judge of the High Court was ousted in 2016 after it emerged that he influenced files for the Goldenberg case to be brought before him yet he was not the trial judge for the case.
Judge Joseph Mbalu Mutava
In his defence judge Mbalu had alluded that he was never accorded a fair trial and also claimed that the findings of the tribunal that was appointed to investigate him decision did not warrant him to be fired.
He had moved to the highest court after the tribunal appointed by the president Uhuru Kenyatta and led by the then Court of Appeal judge justice Maraga declared him unfit to work for the judiciary.
At the time he had served for only two years.
The Judicial Service Commission had on December 1st 2012 received 13 complaints against the judge among them collusion with some parties that had Kamlesh Pattnis’ case placed before him for hearing and determination and that that was done without the knowledge of the head of judicial review division, but was narrowed down to three and eventually one and a half by JSC’s appointed committee.
Justice Mutava was appointed to the bench on 23 August 2011 and at the time of complaints the judge had been deployed to the commercial and admiralty division of the high court in Milimani law courts.
The tribunal was presided over by the nominated Chief Justice David Maraga assisted by Justice David Majanja, Mureen Odero, Omesh Kapila, Professor Patricial Mbote, Mr Lawrence Mute and Mrs Jedidah Ntoyai, Ms. Nazima Malik and Emmanuel Bitta who acted as assisting counsels