High Court Judge John Mativo recused himself from a petition filed by Goldenberg suspect Kamlesh Pattni, who seeks to clear his name from allegations of misconduct against suspended Judge Joseph Mutava.
Justice Mativo cited his personal relationship with Justice Mutava as the reason for his recusal, stating,
In view of my personal relationship with Justice Mutava, it is no longer tenable for me to hear this matter. It is only fair that I disqualify myself.
He referred the case to the Head of the Constitutional and Human Rights Division, Justice Enock Chacha Mwita, for re-allocation.
Background of the Case ¶
Kamlesh Pattni was the prime suspect in a Ksh5.8 billion criminal case. He claims that he was adversely mentioned in a report by a seven-member tribunal that recommended the removal of Justice Mutava from office due to alleged misconduct.
Pattni alleges that he was denied the opportunity to participate in the tribunal's deliberations and clear his name from what he describes as lies and assumptions presented by witnesses.
The tribunal, which was chaired by then-Appellate Judge David Maraga, allegedly relied on falsehoods related to the ownership of Goldenberg International Ltd.
Justice Mutava has separately petitioned the Supreme Court to quash the tribunal's findings, arguing that it was unconstitutionally constituted.
The recovered account cited reporting by Mediamax.