Suspended High Court judge Joseph Mutava has filed an appeal at the Supreme Court against a tribunal's decision for his removal from office.
The tribunal appointed by President Uhuru Kenyatta this after finding that three of six allegations against Mutava were proven.
Mutava, who wants the decision quashed, said the tribunal acted outside its jurisdiction and took action when a similar was raised before it.
His lawyer Philip Nyachoti also said the tribunal lacked jurisdiction to carry out investigations as
it was unconstitutionally constituted.
Nyachoti said its recommendation was therefore null and void.
He added that the tribunal erred in law and fact by hearing and making recommendations against the judge yet the complaints against him were withdrawn.
"The complaints were not been reinstated to warrant the tribunal to investigate" the said.
Nyachoti further argued that the tribunal relied on uncorroborated third party evidence in making adverse recommendations against the judge.
He said in the appeal that allegations againt the judge were not proved.
The judicial Service Commission received 13 complaints against the judge on December 1, 2012 but these were cut to three on a committee's recommendation.
Mutava was suspended in May 2013 as recommended by the JSC, which found him guilty of misconduct while handling three cases.
The judge was accused of demanding
in a land case in Karen.
Businesswoman Rose Mbithe's property was to be auctioned by Kenya Commercial Bank after an alleged non-payment of a Sh11 million loan.
Mbithe, a director of Sehit Investments, said Mutava asked for the money to intervene on her behalf. But she disowned her statement when she appeared before the tribunal.
Mutava was also accused of terminating the Sh5.8 billion Goldenberg scandal case against businessman Kamlesh Pattni.
The judge was appointed to the bench on August 23, 2011. The tribunal that looked into his case
was presided over by Chief Justice nominee David Maraga and six members.
They were David Majanja, Maureen Odero, Omesh Kapila, Patricial Mbote, Lawrence Mute and Jedidah Ntoyai.
Nazima Malik and Emmanuel Bitta acted as assisting counsel.