By: PAUL OGEMBA
A judge who acquitted Goldenberg scandal chief architect Kamlesh Pattni is on the verge of facing a tribunal that will investigate his alleged misconduct.
This is after the tribunal’s chairman, Justice David Maraga published in the Kenya Gazette, the rules and procedures to be used to determine whether or not Justice Joseph Mutava was involved in misconduct.
According to the guidelines, the five-member tribunal will require at least three members to conduct the hearing that will be done in private, unless Justice Mutava requests that it be done in public.
“The counsel assisting the tribunal shall draw up a list of allegations against the judge, together with a summary of evidence and serve on the judge at least 14 days before the hearing. The judge shall have a right to be present during all proceedings and to legal representation,” said Justice Maraga.
He said the tribunal on its own motion or upon a request by Justice Mutava may summon any witness to testify or produce any documents they may require.
To protect witnesses, he said they may order the names, address or photographs of the witnesses to be withheld.
Justice Mutava was suspended in May 2013 on the recommendation of the Judicial Service Commission which found him guilty of misconduct while handling three cases.
SOURCE: DAILY NATION