BY SAM ALFAN.
A petition filed by embattled High Court Judge Martin Muya will be heard by the supreme court.
He is challenging the recommendation made by a tribunal last year that he should be sacked.
The constitution allows judges whose sacking has been recommended by a tribunal, to contest the decision before the apex court.
Former supreme Court Judge jackton ojwang had survived the petition seeking his removal.
The tribunal was chaired by former Court of Appeal judge Alnashir Visram.
The tribunal found him guilty of gross misconduct after he delayed giving reasons for a ruling he had made for five months.
The recommendations by the seven-member tribunal chaired by Justice Visram presented its report to President Uhuru Kenyatta on March 20, last year asking for his removal.
The dispute revolved around a loan borrowed by Kipsigis Stores from NIC Bank and used 14 lorries as security.
The company fell into arrears and the lender seized them, with plans to auction the vehicles only for Kipsigis stores to seek an injunction.
The tribunal found the Judge’s action for not giving reasons for stopping the sale occasioned the loss of Sh76 million to the lender.
But the judge through lawyer Philip Nyachoti has defended himself saying he ordered a ‘status quo’ which was to ensure that the possession of the lorries remained as they were, until further orders of the court.
He further said the orders did not allow Kipsigis stores to sell or dispose of the lorries.
According to the Tribunal, there was unjustifiable and inordinate delay by the Judge in delivering the ruling for the injunction of an application pending before him.
“The Tribunal is of the view that the Hon. Judge misconducted himself by delaying to deliver the reserved reasons with the result that access to justice was curtailed and specifically with respect to the Defendant,” the Tribunal said.
But through lawyers Ngatia and Nyachoti, the judge moved to the Supreme Court to challenge the decision arguing that he explained the delay because the file was missing.
Lawyer Nyachoti further says in the court documents that there was no valid petition before the Judicial Service Commission (JSC).