A retired judge yesterday implicated a suspended judge in corruption.
Former judge Leonard Njagi testified in a tribunal investigating suspended judge Joseph Mutava. He said he received a text message from his former colleague asking him to rule in favour of one of the parties.
According to judiciary rules, a judge is not supposed to interfere with the work of a colleague.
Testifying before the tribunal chaired by Court of Appeal judge David Maranga, at KICC, Njagi said he was once contacted by Mutava to favour Saeed Investments – a petitioner in the case he was handling. The respondent in the case was Josephine Onyango.
Njagi said a few moments later, Mutava sent a text on his phone date September 6, 2012 which said: “HCC 705/2009 I am for plaintiff. Thanks.”
Njagi said he did not respond to the message but court clerk Justus Kipkurui monitored the outcome of the case.
“What crossed my mind is that the message sought a favour,” he said.
Mutava’s lawyer Philip Nyachoti opposed the production of the text message as evidence.
He will cross-examine Njagi at a later date since he was newly recruited by Mutava after lawyer Stephen Mwenesi stopped acting for him.
President Uhuru Kenyatta formed the tribunal last year to probe Mutava, who was accused of corruption in the rulings and judgments he delivered.
Among the rulings is that of terminating the Sh5.8 billion Goldenberg scandal case against businessman Kamlesh Pattni.
The ruling caused a public uproar, with the Law Society of Kenya and civil society questioning the judge’s credibility and describing his decision to acquit Pattni as a miscarriage of justice.
Earlier in the morning, Maranga ruled that the tribunal will not adjourn further, as requested by Nyachoti.
He said the probe had dragged on for a long time and the public was anxious about its outcome.