Supreme Court President David Maraga
The five-judge Supreme Court bench on Tuesday found that former High court judge, Joseph Mutava had influenced the Goldenberg case placed before him and upheld the decision by a tribunal to remove him from office.
“We looked at the proceedings before the tribunal and we are of the view that the judge was given a fair hearing,” the judges stated.
Joseph Mutava was found unfit to serve in the judiciary by a tribunal formed to investigate his conduct after he was found guilty of gross misconduct.
The tribunal had recommended to the president to have him removed from the judiciary.
The former judge appealed requesting the Supreme Court to make a finding, citing the allegations did not amount to the need for his removal.
He added that the five-judge bench, which was chaired by Chief Justice David Maraga, had expressed open bias against him when his wife Kibwezi East MP, Jessica Mbalu was compelled to testify.
However, in the Tuesday ruling, the judges indicated Mutava’s wife had not been compelled to testify.
Mutava is alleged to have allocated himself the Goldenberg case file without the knowledge of the duty judge and even gave a written judgment.
The judge, who was suspended in 2013 was also accused of taking bribes to influence the case.