High Court's suspended Judge Joseph Mutava was on Wednesday scheduled to appear before the Supreme Court to challenge his suspension.
Justice Mutava filed an application challenging a proposal that was made by a tribunal led by Chief Justice David Maraga when he served at the Court of Appeal.
The Maraga-led tribunal heard 29 witnesses and the judge's lawyers and found that Mutava had colluded with others to gain access to a file in a suit where he was under investigation.
The judge was further found guilty of proceeding to write a ruling on the matter in a bid to influence its outcome.
[caption caption="File image of CJ David Maraga"]
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"Pursuant to our finding and the provisions of Article 168 (7) of the Constitution, the tribunal has unanimously recommended to His Excellency the President, that the Honourable Judge be removed from Office," CJ Maraga ruled during the 2016 matter.
Justice Mutava's lawyer Philip Nyachoti, however, requested the apex court to postpone the hearing as he was scheduled to attend an election petition hearing at the Eldoret Court of Appeal at the same time.
"The date of the election petition was fixed by consent of the parties before we were served with the hearing notice from the Supreme Court," he noted.
The lawyer further outlined that May 17 would still be unfavourable for him as he will be attending to the same matter in Eldoret.
Supreme Court registrar, however, asked the lawyer to appear before the Supreme Court for the adjournment orders.
Mr Nyachoti has maintained that his client, Justice Mutava, was unfairly kicked out by the Maraga tribunal based on submissions that had already been withdrawn.
[caption caption="Suspended Judge Joseph Mutava"]
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