The judgment was eventually delivered by a different judge, says lawyer
A suspended judge took three months before he delivered a judgment on the Goldenberg scam, a lawyer who defended businessman Kamlesh Pattni told a tribunal yesterday.
Lawyer Bernard Kalove said the judgment in which Pattni’s criminal prosecution was stopped over the Sh5.8 million Goldenberg scandal was to be delivered on December 6, 2012, but was read on March 3, 2013.
According to judiciary procedure, a judgment is supposed to be delivered within 30 days.
Kalove testified before a tribunal, chaired by Court of Appeal judge David Maranga, that is investigating suspended judge Joseph Mutava.
The tribunal was appointed by President Uhuru and is establishing if Mutava was compromised by Pattni.
“The judgment was eventually delivered by judge Jonathan Havelock,” Kalove said.
He said before the judgment was delivered, he was summoned by the Judicial Service Commission, which had commenced investigations on Mutava following the handling of the case.
Kalove said he appeared before the JSC to answer a number of questions following a letter written by lawyer Nelson Havi.
Havi, who was acting for the International Centre for Policy and Conflict, wanted Mutava removed from hearing the case for gross misconduct in handling the matter.
“It is a matter of public notoriety that Pattni has been in courts over the issue upon which the judge proceeded to consider and give him favourable orders,” he said.
Havi argued that it was also irregular for Mutava, who was a judge in the Commercial Division, to hear a case meant for the Judicial Review Division.
In his defence, Mutava said he was asked by judge Weldon Korir in charge of JR to handle the case in August 2012, but Korir denied that was the case. Korir said he asked Mutava to preside over civil matters.
Mutava faces three counts of impropriety. The hearing continues today.