This truely is good news. I must admit.......it is a surprise........ You know what? let me not say anything for now......... Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com Pattni In Another Scandal Published on May 12, 2013 In the past two decades he has made headlines for all the wrong reasons. Whether it's the Goldenberg Scandal or apparent links to unsolved murders Kamlesh Pattni's name keeps making headlines but on Sunday's, Pattni dons a different hat that of Bishop of Hope International Ministries that he co-pastors with controversial former Mungiki Leader Maina Njenga. Willis Raburu caught up with Pattni and as he tells us despite the negative publicity Pattni vows to remain strong and maintains his innocence claiming those fighting him is fighting God. Drama as charges against Pattni dropped Published on May 3, 2013 http://www.nation.co.ke Ghosts of Goldenberg haunt Pattni again Published on Apr 22, 2013 http://www.ntv.co.ke Sunrise Live Interview : Youth Activism Published on Jan 15, 2013 Acclaimed photographer and activist Boniface Mwangi (Picha Mtaani) joins Yvonne Okwara in studio to discuss Youth activism Boniface Mwangi loses bid to have case heard at High Court Goldenberg case reopened Published on Apr 16, 2012 ktnkenya.tv Goldenberg Case Starts Afresh Published on Apr 16, 2012 The hearing of the multi billion shillings Goldenberg scandal started afresh after six years of dragging in courts. There were shocking revelations of how the government instructed the Kenya Commercial Bank to transfer 5.8 billion shillings to 4 different commercial banks. A former funds manager at KCB Stephen Ng'ethe told a Nairobi court how he questioned the crediting of the accounts of the commercial banks from the KCB account instead of the central bank of Kenya. Andrew Ochieng reports. Uhuru picks tribunal to probe Pattni case judge Justice Joseph Mutava (right) confers with judicial officers in this file photo. President Kenyatta has suspended Justice Mutava and formed a tribunal to investigate his conduct May 30, 2013 NATION By NATION CORRESPONDENT Posted Thursday, May 30 2013 at 20:20 In Summary
President Kenyatta has suspended Mr Justice Joseph Mbalu Mutava and formed a tribunal to investigate his conduct. The President acted on the recommendation of the Judicial Service Commission (JSC) where Judge Mutava faced 11 counts of impropriety, eight of which were dismissed due to lack of evidence. The decision was reached two weeks ago at a special sitting of the JSC where the findings of a sub-committee headed by Supreme Court judge Smokin Wanjala were discussed for the second time in a month. Lead to dismissal The committee asked President Kenyatta to appoint a tribunal to investigate the conduct of the judge on three counts, which could lead to his dismissal from the Judiciary. A statement signed by Prof Christine Mango, the JSC deputy chairperson, said that of the remaining three complaints, the Commission was satisfied that the complaints disclosed sufficient grounds to petition the President to appoint a tribunal to inquire into the conduct of Justice Mutava. He could also resign to avoid the panel. Since March last year, a dozen complaints by the Law Society of Kenya, Kenya Airports Authority, individual lawyers, a judge and a civil society group have been filed against the judge who caused an uproar last month when he acquitted businessman Kamlesh Pattni of all Goldenberg related charges. Pattni judge suspended In Summary
The Judicial Service Commission (JSC) has bowed to public pressure and suspended High Court Judge Justice Joseph Mutava over allegations of misconduct. Justice Mutava was facing 11 counts of impropriety, eight of which were dismissed due to lack of evidence. The decision was reached Friday evening at a special sitting of the JSC where the findings of a sub-committee headed by Supreme Court judge Justice Smokin Wanjala were discussed for the second time in a month. The committee asked President Kenyatta to appoint a tribunal to investigate the conduct of the judge on three counts, which could lead to his dismissal from the Judiciary. A statement signed by Prof Christine Mango, the JSC deputy chairperson, said that of the remaining three complaints, the Commission was satisfied that the complaints disclosed sufficient grounds to petition President Kenyatta to appoint a tribunal to inquire into the conduct of Mr Justice Joseph Mbalu Mutava. The President now has 14 days to appoint a tribunal. Judge Mutava could also resign from the Judiciary to avoid the panel. Claims not listed Chief Justice Willy Mutunga is on a working tour of the US. The committee did not name the eight allegations the judge was cleared of or the three that were upheld. It also did not explain why only 11 allegations were not considered, when it had recorded 13 complaints. Last week the Saturday Nation reported that the JSC had cleared Justice Mutava after the sub-committee found no grounds for disciplinary action. But Justice Wanjala said on Monday they had not reached a decision, while an official in the registrar's office said the committee had only cleared him on one account. This caused public uproar, with the Law Society of Kenya demanding to see the investigation file. Yesterday, the law society welcomed the decision, saying, it was long overdue. Said Mr Apollo Mboya, the secretary: "If that is the case and in consideration of the circumstances, it is a good thing since it will give a chance to all litigants to present before the tribunal all issues they have against Justice Mutava. "Chairman Eric Mutua said some individuals in the JSC had tried to cover up the issue. "We hope the President will select people who cannot be compromised," he said. Lawyer Waweru Gatonye said the tribunal was the right way to go. "When there are very serious allegations about a judge, it is best to have investigations by a tribunal," he said. Another lawyer, Mr Antony Oluoch, said the judge was not impartial in handling Mr Pattni's cases. "There was always something that was not adding up in the manner in which he cleared Pattni," he said, adding that if the commission had cleared the judge, it would have been a travesty of justice. The commission said Justice Mutava had responded to the allegations against him in writing. "The judge was also accorded an opportunity to appear in person before the committee on diverse dates while accompanied by his lawyer," it said. Prof Mango said a committee was formed on 1 December 2012 to investigate the allegations against the judge and examined both oral and written statements from 28 witnesses. Dr Mango said a committee was formed on December 1, 2012 to investigate the allegations against the judge and examined both oral and written statements from 28 witnesses. The committee started its inquiry on 17 December 2012 and finished on 14 May 2013, said Prof Mango. However, a member of the commission, who could not be named because they are sworn to secrecy, told the Saturday Nation that the committee met on May 3 and cleared the judge of the allegations. But the decision was not made public for fear of outrage, especially following the Supreme Court ruling that did not go down well with some Kenyans. Since March last year, a dozen complaints by the law society, Kenya Airports Authority, individual lawyers, a judge and a civil society group have been filed against the judge. He caused uproar last month when he acquitted businessman Kamlesh Pattni of all charges related to the Goldenberg scandal on grounds that he would not get a fair trial because the case had dragged on for two decades. The orders also restrained police from arresting or prosecuting the businessman. Justice Mutava, who had been moved from Milimani to Kericho, was also accused of interfering with the judgment of Justice Leonard Njagi, who has since been found by the Judges and Magistrates Vetting Board to be unfit to continue serving in the Judiciary. Justice Njagi swore an affidavit to support the allegations. The three-member sub-committee of Justice Wanjala, Chief Registrar of the Judiciary Gladys Shollei and the Rev Samuel Kobia has now put the fate of the judge firmly in the hands of a tribunal. He becomes the second new judge to face a tribunal after deputy CJ Nancy Baraza, who was found unsuitable for office last year. Pattni's relief as court stops Goldenberg case By RICHARD MUNGUTI rmunguti@ke.nationmedia.com and PAUL OGEMBA pogemba@ke.nationmedia.com Posted Friday, May 3 2013 at 15:02 Businessman Kamlesh Pattni was a happy man Friday after a magistrate terminated the multi-billion Goldenberg case facing him. Chief magistrate Kiarie Waweru Kiarie officially discharged Mr Pattni and former Kenya Commercial Bank general manager Elijah arap Bii after he was served with a High Court order quashing the Sh5.criminal case on March 25, 2013. "I have read the High Court order prohibiting this court from proceeding with the Sh5.8 billion theft case against Mr Pattni and Mr Bii. This court complies with the order and proceeds to terminate the case in accordance with the order issued by Mr Justice Joseph Mutava on March 25, 2013," ruled Mr Kiarie Friday. However, state prosecutor Warui Mungai said the Director of Public Prosecutions Keriako Tobiko will appeal the decision. "I have been furnished with the court order signed by the Deputy Registrar of the High Court quashing the criminal case against Mr Pattni and Mr Bii. We have, however, indicated that we shall appeal against it," Mr Mungai told the court. The order was served by Mr Pattni's lawyer Bernard Kalove. Mr Pattni, beaming with joy, thanked God for "seeing me through the fight for justice". In his judgement, Justice Mutava prohibited the DPP, the Attorney General, the Police and the Chief Magistrate Court from continuing with the prosecution of Mr Pattni or any of his companies over the 1990-1992 Goldenberg transactions. "The protection of a person accused of any criminal conduct as afforded by the Constitution of Kenya must be observed. All persons in Kenya whether innocent or guilty are equal before the law," said the judge. The businessman had urged that his constitutional rights have been breached due to the 20-year inordinate delay in concluding the case. "This court finds that Pattni's and Bii's fundamental rights and freedoms guaranteed in the Constitution have been violated by the State in several respects and on this ground and only on this ground prohibitory orders against the State are issued," directed Justice Mutava. "This effectively brings to an end any current or future criminal proceedings against the applicant (Pattni) and Mr Bii (the interested party) arising from or in any way connected to the Goldenberg affair or Bosire Report." The court observed Mr Pattni had settled the claim which led to the criminal case by reverting ownership of the Laico Regency Hotel to the government. Mr Pattni had named the Attorney General (AG), the DPP, the Commissioner of Police and the Chief Magistrate, Nairobi Law Courts as the defendants. The DPP and the AG had urged the court to dismiss Mr Pattni's plea saying the case was of great public interest. "At last freedom has come my way after spending all my youthful years fighting for it," said Mr Pattni. |
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