BY NT CORRESPONDENT.
Sacked High Court Judge Martin Muya has finally petitioned the Supreme Court to block his removal from the bench early this year for alleged gross misconduct.
The aggrieved Judge has already appointed veteran lawyers Fred Ngatia and Philip Nyachoti to challenge adverse findings pronounced against him on March 17 by the seven-member judicial tribunal, chaired by retired Appellate Judge Alnashir Visram.
The recommendations by the team were subsequently presented to President Uhuru Kenyatta on March 20 at State House in Nairobi, effectively sealing the fate of the long-serving judicial officer, who rose through the ranks from the magistracy.
The tribunal concluded that Justice Muya was guilty of gross misconduct by his delay in delivering reasons for his ruling dated May 30, 2017 in a commercial dispute while sitting in Bomet. But the Judge had justified his professional handling of the civil suit, in which his decision has never been challenged in the Court of Appeal.
When the matter came up today in the morning before Supreme Court Deputy Registrar, Daniel Ole Keiwua, Nyachoti explained that Muya had instructed Ngatia to prosecute the appeal. State Attorney Martin Munene said the tribunal will not file any further grounds of opposition.
The parties were directed to appear in court for mention on October 15 for further directions before the file is forwarded to Chief Justice David Maraga.
The complaints against Justice Muya were first investigated by a JSC committee chaired by Prof Olive Mugenda. The other members were Deputy Chief Justice Philomena Mwilu, Emily Ominde and Patrick Gichohi.
The Judge said the JSC exceeded its jurisdiction by delving into the merits of a commercial dispute and usurping the appellate jurisdiction contrary to the law. “The commission arrived at an illogical, irrational, unreasonable and erroneous conclusion,” he protested in court papers.
Nyachoti said the complaint against Justice Muya was, who was based in Bomet, was lodged by the law firm of Onyinkwa and Company Advocates on behalf of NIC Bank on August 17, 2017. The firm had written to the Chief Justice and resulted in the disciplinary process.
NIC bank lodged that complaint against Justice Muya in a 2016 commercial dispute between it and Alfred Kipkorir Mutai and Kipsigis Stores Ltd. The Judge after numerous adjournments granted an injunction against the bank and reserved the reasons for five months.
In its report to the President, the JSC observed that the defunct bank suffered financial loss despite its pleas to the Judge that the vehicles offered as security for the disputed loan had already been sold by the defaulting borrowers.
The commission had concluded that the petition against the Judge had disclosed “open bias, abuse of office, incompetence and gross misconduct.”
The tribunal, which conducted its proceedings at the Kenyatta International Convention Centre in Nairobi, comprised Justice Viaram, retired High Court Judge festus Azangalala, Senior counsel Lucy Kambuni, lawyers Ambrose Weda and Andrew Bahati Mwamuye and members Sylvia Wanjiku Muchiri and Amina Abdalla.The lead Assisting Counsel was Paul Nyamodi, assisted by Senior State Attorney Stella Munyi. The Joint Secretaries were Peter Kariuki and Josiah Musili.
