The fired judge accuses the court of unfairness, wants to be reinstated



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By ABIUD OCHIENG
"According to this author

A judge who was found unfit to serve in the judiciary asked the Supreme Court to conclude that the allegations against him did not warrant his dismissal . [19659004L'ancienjugedelaHauteCourJosephMutavaquiaétédémisdesesfonctionsaégalementaffirméqueletribunalprésidéparlejugeenchefDavidMaragaavaitmanifestéunpartipriscontreluien2016lorsquesonépouseJessicaMbaludéputéedeKibweziEast

Wednesday, his lawyer, Philip Nyachoti, told a court of five judges of the Supreme Court that the court erred in finding that the only option that & # 39; they were his impeachment. The judge was sacked because of the disputed treatment of the case of Kamlesh Pattni businessman.

"The court had the opportunity to recommend that he be suspended for a period of time, then reinstated and not necessarily removed from office. We request that the judge be reinstated, "said lawyer Nyachoti.

He told Associate Chief Judge Philomena Mwilu, and Judges Mohamed Ibrahim, Jackton Ojwang, Isaac Lenaola and Njoki Ndung & # 39; u , that the complaints the judge had been withdrawn, and the court was unfair to him when he counted on him to recommend his dismissal.

Mr. Nyachoti also urged the court to conclude that the verdict rendered by the court was unlawful. 19659004] The court retained the services of a director of criminal investigations (DCI) who did not provide him with all the evidence within a reasonable time and summoned his wife through the clerk of the court. National Assembly to testify

Emanuel Bitta, the state's attorney, however, said that the judge's wife had been called only because one witnesses had mentioned his name and that Ms. Mbalu had had the opportunity to

investigations concerning the ownership of a telephone line that had been disavowed by the judge, adding that there was nothing wrong with calling experts to help the court to reach to a fair conclusion.

He said that the court had acted in relation to the Commission's complaints, adding that Judge Mutava did not indicate that he had asked for more time but that he had been refused. He stated that the prejudice alleged on the judge was not raised in court and could not be raised in the Supreme Court.

"The court was aware of the rights of Judge Mutava and the evidence was supported by the court records which were counsel Bitta

supported the impeachment of the judge, claiming that the charges against him had thrown out doubt about public confidence in the judiciary

Judge Mutava was removed from office on the recommendation of the court President Uhuru Kenyatta in 2016.

A decision will be rendered on notice. [19659016] Related Stories

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Mr Nyachoti urged the court to order the lawyer from the state to provide him with all documents at least one day before witnesses testify.

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